An Introduction to Homeowners Association Foreclosure Filing in Florida
At Graham Legal, our HOA foreclosure attorneys are experts in managing the details required for Associations to recover non-payment from delinquent homeowners. HOA’s and COA’s have multiple options available to pursue and secure unpaid HOA fees and assessments, including foreclosure of a property.
Homeowners Associations and Condominium Associations are governing entities with the purpose of collecting dues as well as enforcing the community rules. Members of these communities contribute to communal goals by way of monthly and annual fees. Unfortunately, there are times when homeowners within the community fall behind on Association payments.
A Florida HOA lawyer will provide advice on options available to Associations to regain money owed, as well as the tactics available to secure it.
Florida HOA Foreclosure Law
In an ideal world, a Homeowners Association or Condominium Association would not allow for delinquent accounts to accumulate a significant balance before addressing the debt. Large debts can have a major impact on the other residents and the future of the community. A skilled Homeowners Association lawyer will provide guidance and knowledge to help the Association regain financial control.
If foreclosure over unpaid HOA fees is pursued, the first option the Association has at its disposal is to place a lien on the property of the delinquent homeowner. Florida HOA foreclosure law states that the property owner may be held liable for specific charges. However, this also depends on the Covenants, Conditions, and Restrictions of the Association.
By law, a property owner may be held liable for:
- Unpaid fees and assessments
- Late charges
- Legal fees
After a lien is placed on the property, the decision to pursue foreclosure may be made by the Association. In Florida, HOA foreclosures are judicial and require that a lawsuit be filed in state court by the lender. Hiring an experienced Florida foreclosure lawyer to handle a Homeowners or Condominium Association foreclosure case for non-payment will ensure that the rights of the Association are represented in court.
Your HOA Attorney in Florida
The Florida HOA foreclosure attorneys at Graham Legal, P.A. can provide advice for Associations with delinquent homeowners and handle all aspects of the foreclosure filing process. Contact our legal team today.