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| Monday, December 01, 2008
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| Author |
Messages |
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BenJ
(Florida)
Posts:6
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| 02/05/2007 12:13 PM |
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I became President of a 53 unit HOA in Northwest Florida last year after we essentially ran out of operating funds. As a result, a couple of utility accounts were turned off for lack of payment. The problem was unpaid annual assessments. Thirteen (13) homeowners were past due, most were at least 3 years in arrears. The old BOD resigned and new members were elected. Since then the treasurer and secretary have moved out of the subdivision and for a few months I was performing as President/Treasurer/Secretary.
Through reviewing all payment records I've created annual assessments statements for all homeowners and used those to send out to the delinquent accounts. We now have 4 properties that are delinquent. Property A is three (3) years with the same owner; Property B is four (4) years past due and has just changed owners and the new owner I have not sent a collection letter to---the previous owner sent in a check but I have deposited this check twice and both times it was returned insufficient funds--; Property C is five (5) years past due with the same owner; and Property D is eight (8) years in arrears with three (3) different owners. After advising the homeowners that we might pursue Small Claims Court Action, I've now decided that it would be best to file liens against these properties. Our CCRs provide for a continuing lien for assessments, interest, cost and reasonable attorney's fees.
Questions?
1- Would it be advisable for the HOA to try and file the liens w/o an attorney? I've contacted two attorneys but our funds are extremely limited. I purchased the book "The Law of Florida Homeowners Association" and it has a "Claim of Lien" form that appears appropriate.
2- After searching this forum it is my understanding that a "continuing lien" applies against the lot and therefore the assessments should accrue against it for all years delinquent even if there have been multiple owners. Am I correct in this?
3- I've reviewed "Florida Statue Chapter 95-Limitations" and the best I can ascertain is that there is a 5 year "statue of limitations" on assessments. Has anyone in Florida or anyone familiar with this statue been through this process and can confirm this?
4- As far as the insufficient funds check, what is the appropriate procedure to handle it. Should I send a letter to this individual asking when they will have funds in their account to cover it?
5- How soon should foreclosure start? I've read on the forum that some start as early as 90 days. Does anyone have a general idea of the cost?
I apologize for the long post and thanks in advance for any responses.
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