What to do if my HOA wrongly put a lien on my house for not paying 2 years of assessments?

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What to do if my HOA wrongly put a lien on my house for not paying 2 years of assessments?

When I showed the attorney representing the HOA that I did indeed pay via bank records. They then said I still owed late feed because one of the years was paid late. In addition they would not let me pay this year’s fee until I settled on the late fee. They sent me a ledger showing interest, attorney fees, HOA costs. When I agreed to pay the amount on the ledger they then told my I owed an additional $117 that was not on the ledger. I asked for a revised ledger showing the new fees and it is still off by $60. I feel like I’m being harassed. What legal recourse do I have?

Asked on May 15, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the HOA improperly liened you home for dues that were actually paid, you might have a slander of title action against it. I suggest that since there is an issue as to the accounting if dues paid by you that you should consult with an attorney that practices in the area of planned unit developments to assist you in resolving the lien issue that you are writing about.

From what you have written, it seems as though you are at an impass with the HOA in trying to get the lien recorded on your home removed.


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