West Palm Beach Collection of Unpaid Assessments Lawyer
Homeowners’ associations (HOAs) and condominium associations (COAs) have numerous responsibilities for the upkeep and maintenance of their communities, and to ensure that activities and unit ownership comply with applicable covenants, conditions and restrictions (CC&Rs) and other HOA governing documents. The community association law attorneys at Pincus & Currier LLP assist HOAs in the performance of their duties, including collection of unpaid assessments. From our office in West Palm Beach, we help HOAs and COAs in Palm Beach, Broward and Miami-Dade counties, and other community associations across the state of Florida.
HOAs are Authorized to Impose Assessments and Collect Unpaid Fees
HOAs impose monthly dues on unit owners to cover maintenance, upkeep and repair of common areas. For instance, fees may go to pay for security, sanitation, street lights, landscaping and community facilities such as a gym, community center or golf course. From time to time, HOAs may also impose special assessments for emergency repairs, such as flooding or sinkhole damage, or large repair and maintenance tasks, such as painting, replacing carpeting or making roof repairs to community buildings.
HOA members are obligated to pay monthly dues and special assessments when imposed. HOA documents may have internal procedures for unit owners who wish to challenge an assessment, and unit owners may in some cases go to court to challenge an assessment. The commercial litigation attorneys at Pincus & Currier represent Florida HOAs at Board level hearings as well as courtroom litigation as necessary.
When fees go unpaid, collection of unpaid assessments by imposing a lien on the property is expressly authorized by Florida homeowners’ association law. Homeowners have 45 days to pay an assessment, and condo owners have 30 days, before the HOA or COA can impose a lien. Foreclosing on the lien requires the HOA to go through a judicial foreclosure process, and unit owners may avoid foreclosure by challenging the foreclosure in court or making a qualifying offer before entry of judgment.
Our West Palm Beach Community Association Lawyers can Help with Collection of Unpaid Assessments
The community association lawyers at Pincus & Currier are well-versed in all aspects of Florida community association law, including collection of unpaid assessments through liens and other methods. Contact our office in West Palm Beach for help with any of the following:
- Collecting unpaid fees, assessments and debts
- Special individual assessments
- Fair debt collection laws
- Liens and assessment lien foreclosures
- Bank mortgage foreclosure actions
- Attorney’s fees and costs under Florida law and HOA documents
- Demand letters
Enforce Your HOA Rights in West Palm Beach, Florida
Collection of unpaid assessments is necessary to protect the association itself as well as its members’ property values. It is a matter of fairness as well to the other members who are paying their dues and assessments in a timely manner. For assistance in the collection of unpaid assessments for your HOA or COA in Palm Beach, Broward or Miami-Dade County, or other community associations throughout Florida, call Pincus & Currier in West Palm Beach at 561-868-1340, or contact us online to consult with a skilled and knowledgeable Florida community association law attorney.