Lien filing & late dues

Does anyone know if there is some type of rule of thumb for filing a lien due to late HOA dues? We have approximately 20 homeowners who have not paid their annual dues for 2007. Last month we wrote a letter to each of them gently reminding them of the dues and asking they submit their payment within 20 days. Four of them have paid - the rest, nothing. Does a lien have to be filed by an attorney in Florida or can the BOD file it? Do we need to send another reminder first?

Thanks for the help I've received here on another subject - elections. This is a great site and I'm so glad I found an HOA site that actually wants to help and not bash HOA's!

Michelle,

Florida 720 (you should download a copy) gives specifics for collections of maintenance fees. Follow these laws closely. Even if your your own By-Laws state something different, you have to follow 720. And never let the homeowner go beyond the late date for collection of dues. A late letter should be sent out the day after the grace period. Once HO know that they will be charged a late fee and interest, they will pay. If you allow for non-collection, they have no fears and there is nothing to warrant thier paying on time.

The HOA can file a lien. It is a very simple process, but find an attorney who will do your collections for your HOA. If they collect the money they send all but the initial late letter out to the homeowner. They will not charge the HOA for a lien, this charge is added into the total due from the homeowner. The attorney will get the check and then send the HOA the monies that are due you.

FL 720
4) A homeowners' association may not file a claim of lien against a parcel for unpaid assessments unless a written notice or demand for past due assessments as well as any other amounts owed to the association pursuant to its governing documents has been made by the association. The written notice or demand must:

(a) Provide the owner with 45 days to make payment for all amounts due, including, but not limited to, any attorney's fees and actual costs associated with the preparation and delivery of the written demand.

(b) Be sent by registered or certified mail, return receipt requested, and by first-class United States mail to the parcel owner at his or her last address as reflected in the records of the association, if the address is within the United States, and to the parcel owner subject to the demand at the address of the parcel if the owner's address as reflected in the records of the association is not the parcel address. If the address reflected in the records is outside the United States, then sending the notice to that address and to the parcel address by first-class United States mail is sufficient.

(5) The association may bring an action in its name to foreclose a lien for unpaid assessments secured by a lien in the same manner that a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. Such action may not be brought until 45 days after the parcel owner has been provided notice of the association's intent to foreclose and collect the unpaid amount.

(a) The association may recover any reasonable attorney's fees incurred in a lien foreclosure action or in an action to recover a money judgment for the unpaid assessments.

(b) The association may purchase the parcel at the foreclosure sale and

The previous information is good but what is frustrating me to no end is I can not find the format needed to file for a lien. I went to the court and they were about as useful as a box of rocks. Does anyone have a template to file a lien, specifically Polk County?

http://www.siterealty.com/popup/new_popup.htm

LouisCs, et al,

Look through the above site. Check your specific state.

You might be able to file a mechanics lien, for what that is worth.

You should also check this site for Breach of Contract forms in your state. Forms cost 12 bucks but you can copy them once you get the form.

If you don't get into a legal battle maybe a official looking form letter will produce some results. I don't think there is any question about HOA residents not being under a contract.

Maybe Nancy or Gloria or Donna could comment here or Joe or Ron or Paul and all those I forgot.