Article Courtesy of
The Legal Reader
By Peter Charles
Published November 13, 2022
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Just as a landlord could file a civil lawsuit against a renter who fails to
pay rent through the duration of their lease, the same generally applies to
an HOA.
Orlando, FL—Homeowners association fees are due on a monthly basis and
utilized by the homeowners association (HOA) to maintain and improve the
property and/or the neighboring area. HOA fees vary depending on where the
property is located and can range anywhere between $100 to even $1,000 per
month1.
While most condominiums have a HOA attached to them, the owners of
single-family homes located in a particular neighborhood might also be
required to pay HOA fees. While HOA fees can be costly and serve as an
inconvenience at times, homeowners are required to pay them.
If you’re an HOA and have run into an issue with collecting HOA fees from
one or more homeowners, you can find help by searching for an HOA lawyer
near me.
What legal remedies are available to an HOA when a homeowner refuses to
pay their HOA fees?
When a homeowner refuses to pay the HOA fees they are contractually
obligated to pay, the HOA may take legal action. It ultimately comes down to
the terms outlined in the contract between the homeowner and the HOA. Some
of the common remedies HOAs rely on when a homeowner becomes delinquent on
their HOA fee payments include:
Assessing late fees.
A homeowner might incur a late fee if their payment isn’t received by a
certain date. That late fee might only increase if the homeowner allows the
debt to remain unpaid.
Initiate a lawsuit.
When a homeowner signs a contract agreeing to pay a certain amount each
month for HOA fees, the law will sometimes allow the receiving party to take
legal action if the terms of the contract are not fulfilled.
Just as a landlord could file a civil lawsuit against a renter who fails to
pay rent through the duration of their lease, the same generally applies to
an HOA. If an HOA doesn’t receive the monthly payments a homeowner is
required to pay, they can sometimes take their case to civil court.
Put a lien on the property.
The length of time in which the HOA fees go unpaid will usually be the
deciding factor in when an HOA can place a lien on the property. If a lien
is successfully placed on a property, it would essentially allow the HOA to
seize the property to satisfy the debt.
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