This is a frequent call I receive. Here's my advice:
If you were ever late with just one payment, you set into a motion a problem that just snowballs. It may be possible you mailed your check on time but it was not delivered on time. The association is still entitled to late fees, interest and attorneys' fees whenever a payment is late. Once the account is late, the account is sent to the attorney and any payments you mail are rerouted to the attorney, which is the reason for the delay in posting payments.
By state law all payments you send to the association are applied to non-assessment charges first and assessments last. This means unless you pay the amount demanded in full you will always be late and subject to foreclosure. Contacting the attorney only adds more legal fees because by state law the association is entitled to all of their attorneys' fees even if a case is never filed.
You need to resolve this now because the association is most likely preparing to foreclose on your property.
Unless you can prove you were never late starting with the first time your ledger is showing a late payment, which is usually not possible without a tracking number on the mail, you will need to request a payment plan in writing to the attorney. Payment plans are generally approved for 6 to 12 month repayments. The payment plans can be expensive as well because the attorneys charge to set up the plan and charge to process the checks and monitor your account to make sure you continue to pay.
If the payment plan doesn't work out for you or the association doesn't approve it, consider filing bankruptcy. If you owe more on your home than it is worth you could lien strip the debt. If not, you could file a Chapter 13 plan and put the debt into a 5-year repayment plan. Filing a Chapter 7 without lien stripping will relieve you of the debt, but the lien remains and the association could still foreclose. You also have to pay any assessments that come due after you file bankruptcy.
If you are in this situation -- hire a lawyer! YOU ARE AT RISK OF LOSING YOUR HOME!
If the association has a third party debt collector, this is definitely a complicated matter that requires hiring a lawyer.
CONDO & HOA LAW BLOG: The latest news on Florida laws regulating condominiums and homeowner associations.
I have never been late on COA dues, yet receive no basic services like other homeowners. Now, I need help. I am disabled and have a service dog. I was just fined 1,000 for failure to comply with RV Park Condo rule requiring me to close my pet kennel each night. No where in the ByLaws which I have posted is a Pet kennel mentioned. They said that the ADA "Reasonable Accommodation" request only applies to commercial property. This is not a fact according to US Dept of Justice. They want me to put a Leah on my 5 pd snow white poodle and walk him alone at 66 years old in a dark RV park in the middle of the Ocala National Forest with bears, snakes and critters that could harm me or the dog. It is an RV park in the middle of the forest, Salt Springs Resort. Because I refused they fined me 10/31 1,000.00.. The COA is citing and fining me, but not other members for the same infractions, is acting in an arbitrary and capricious manner which discriminates against me. Our COA Assoc uses Selective enforcement of all rules and last year I filed a complaint with HUD...I had no lawyer because I live on 753.00 per mo income, but the Management Co and our board both had Lawyers. HUD ruled against me based on what they claimed without asking me for any evidence to dispute their claims of me violating rules, nor did they interview a single witnesses of mine. After HUD determination the board is angry even more at me and has decided that they will drive me out of my home through fines. My COA dues have always been paid on time. Please go to this page that I started to see evidence of the hell that they have put me threw this last 2 years. Start at the bottom and work your way up the site. I have more evidence that will not be posted publicly as to how in every way this COA/Management Company has violated my civil rights, to privacy, ADA, and discrimination. Friends are starting a legal defense fund for me. I tried to get your help last year on the hell they have put me through but you never returned my calls. https://www.facebook.com/elitessr/
ReplyDeleteThanks for sharing your experience on HOA Collections
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