COLLECTIONS

Homeowner’s Association Law: Collections Lawyer in Orlando, Florida 

If you are a homeowner’s association and need assistance with collecting dues from homeowners, Legal Counsel, P.A. employs a homeowner’s association collections lawyer in Orlando, Florida who may be able to assist you with collections of dues. If you are a homeowner and are facing collections from your HOA, you may have certain options and rights under the law. Legal Counsel, P.A. employs a homeowner’s association collections lawyer who can take steps to protect both homeowner’s associations and homeowners in a situation where HOA collections must be made. Contact Legal Counsel, P.A. employs a homeowner’s association collections lawyer who can help you with collections in Orlando, Florida. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

What Steps Can an HOA Take on Delinquent Dues in Orlando, Florida? 

If you own a condominium or if you own a home in a property subject to homeowners’ association dues, you may be required to pay monthly dues to your homeowner’s association. If you fall behind on those dues, your account could fall into collections. What steps can your homeowner’s association take to collect past due dues? Here are the steps the HOA might take:

  • The HOA may send you a demand letter. If you’ve fallen behind on your HOA dues, the first step the homeowner’s association might take is to send you a demand letter. This letter will likely tell you how late your payments are, the amount due, and whether you owe money in interest or late fees. If you are having difficulty making your HOA payments, your homeowner’s association may be able to offer you a payment plan. Don’t ignore HOA demand letters. Contact your homeowner’s association to learn more about your options.
  • The homeowner’s association may place a lien on your condo. If you don’t pay the homeowner’s association dues, the HOA may be able to place a lien on your property. This means that if you ever want to sell your home or refinance your mortgage, you’ll first need to pay the lien because the lien is considered a claim upon the home. If you sell your home, the lien-holder, in this case, the HOA, would have first priority to receive payment before you receive money from the sale. A lien can also give the HOA permission to foreclose on your home if you don’t pay the debt.
  • The homeowner’s association may try to foreclose on your home. Your debt to the HOA doesn’t need to be large to trigger a foreclosure. If your homeowner’s association is threatening to foreclose, you may want to speak to the homeowner’s association collections lawyer at Legal Counsel, P.A. to assist you.

What can you do if you are facing homeowner’s association dues collections? And what can you do if you believe your HOA is assessing you unfair late fees or treating you unfairly. First of all, read over your copy of your HOA’s governing documents, also known as bylaws, declarations, and articles of incorporation, and also known as covenants, conditions, and restrictions (CC&Rs). These documents will provide specific details about the procedures that can be initiated against you if you don’t pay your HOA dues. These governing documents can sometimes be complicated. Legal Counsel, P.A. employs a homeowner’s association collections lawyer in Orlando, Florida who can review these documents, help you understand your rights, and help you take the next steps to protect your interests.

The goal when dealing with your homeowner’s association will be to try to avoid foreclosure. There may be many solutions available to you. Once you and the HOA can agree about what you owe, you can either pay the amount in full or work with your HOA to get on a payment plan. If you dispute the amount due, you may be able to either request a hearing with the HOA, or fight the case in court. If you cannot afford your HOA dues or if you have fallen significantly behind, you may be able to initiate a short sale of your home, where, when the home is sold, the HOA dues are paid and you receive the remaining money. These are just some of the options that may be available to you. Contact Legal Counsel, P.A. which employs a homeowner’s association collections lawyer in Orlando, Florida who may be able to help you if you are facing HOA collections. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

Homeowner’s Association Collections Representing the HOA 

If you are an HOA board looking to collect delinquent HOA fees, Legal Counsel, P.A. employs a homeowner’s association collections lawyer who may be able to help you. Unpaid HOA fees can have major negative implications for your community. For example, without these fees, you may have difficulty running your facilities, making repairs, and maintaining the property for the whole community. Everyone in the association should pay their fair share. If you are having difficulty collecting fees due, Legal Counsel, P.A. employs a homeowner’s association collections lawyer in Orlando, Florida who may be able to help you. Forgiving certain members their dues could put your association in a tough situation because it could make other HOA fees and dues uncollectable. You must follow your own governing documents when collecting HOA dues and fees. You may be required to follow certain legal processes when collecting unpaid dues and fees. For example, you may be required to provide the homeowner with formal notice, give the homeowner a period of time to become current on delinquent fees, and formally file a lien with the local government in order to ultimately foreclose on a property. Foreclosure is usually seen as a last resort because it can be quite costly. Legal Counsel, P.A. employs a homeowner’s association collections lawyer who can help you negotiate with the homeowner to put them on a repayment plan. In some cases, if a homeowner can’t pay, our firm may be able to work with the homeowner to help them understand their options, which could include a short sale of the property to pay HOA dues. If foreclosure is required, Legal Counsel, P.A. employs a homeowner’s association collections attorney in Orlando, Florida who can help you with this legal process.

It is important to follow proper legal procedures when collecting past due HOA fees. Failure to follow the law or to follow your own governing documents could render the fees uncollectable in extreme cases, or result in the homeowner filing a lawsuit against your homeowner’s association. Legal Counsel, P.A. employs a homeowner’s association collections lawyer in Orlando, Florida who may be able to help you. Have questions. We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

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Legal Counsel P.A. is a Central Florida based law firm providing legal services to both individuals and business throughout the State of Florida. Have questions? We have answers. Contact Legal Counsel, P.A. today at (407) 982-4321.

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  • Main Office

    13330 W. Colonial Drive, #110 Winter Garden, FL 34787

  • Orlando Office

    189 S. Orange Avenue, Ste. 1800 Orlando, FL 32801 (by appointment only)

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    407.395.2653

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