LindaG7 (Florida)
Posts: 1
Posts: 1
Posted:
I was wondering if a Florida HOA can file in small claims court against residents that have not paid their assessment. Our management company states that all Florida HOA have to have all legal issues handled by the association attorney. Our CPA recommended small claims as an approach and stated his other clients found that it has worked.
My reason for asking is because assessment collections via the association attorney end up costing the residents about $1,300.00 in addition to their annual assessment and that is only to the point of filing a lien on the property.
Our Board has two different points of view when it comes to collection of outstanding assessments:
1. Standard collection via our HOA attorney, which is costly to a resident already in the rears. But does safeguard against possible errors in the process.
2. More gentle approach; extra letters to residents with outstanding accounts, options of payment plans, phone calls, visits to homes. Yes a more compassionate approach, but riddled with possible errors and selective enforcement.
Could smallβs claims be a happy medium?
My reason for asking is because assessment collections via the association attorney end up costing the residents about $1,300.00 in addition to their annual assessment and that is only to the point of filing a lien on the property.
Our Board has two different points of view when it comes to collection of outstanding assessments:
1. Standard collection via our HOA attorney, which is costly to a resident already in the rears. But does safeguard against possible errors in the process.
2. More gentle approach; extra letters to residents with outstanding accounts, options of payment plans, phone calls, visits to homes. Yes a more compassionate approach, but riddled with possible errors and selective enforcement.
Could smallβs claims be a happy medium?