|
A fine shall not become a
lien against a parcel
A law obviously ignored by QUADRILLE HOA board president Noam Kol and The BACKER LAW FIRM, PA |
|
An
Opinion By Jan Bergemann Published March 17, 2008 Since the enactment of the provision (quote): "A fine shall not become a lien against a parcel" into FS 720.305, we have seen all kinds of tricks being used to circumvent this provision. It seems certain attorneys are only too willing to help power-hungry board members to circumvent the statutes and file liens for "unpaid" assessments. If you use the old trick of adding attorney's fees, despite the homeowners' association not being the "prevailing party" as required by FS 720.305 ("prevailing party in any such litigation"), it quickly adds up to a substantial amount owed. The attorneys filing these liens should know better and should advise their clients that they are legally wrong. But it seems greed prevails and you see these kinds of demands made to homeowners, who are often intimidated enough to just pay the demanded amount, only too often. But, once in a while. you find owners willing to fight this injustice and take the association to court over this lien. The latest and most outrageous case: Keith Backer from The BACKER LAW FIRM, PA in Boca Raton filed a lien against an owner of the QUADRILLE HOMEOWNERS ASSOCIATION, INC. in Hypoluxo, claiming unpaid assessments as the reason for the lien. But certain items of the summary of amounts claimed on the lien are already a clear give-away: Remaining Balance from April l, 2007 Monthly Assessment $ 134.00 Prior Counsel Attorney Fees $ 370.50
But, as you can read in DEFENDANTS' ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM, the owners are not folding and have countersued the association. The defendant's answer shows clearly how the "claimed debt" was accumulated. It all started out with a simple violation letter (VIOLATION LETTER 11-6-2006), followed by an amended Letter from the HOA attorney (March 9, 2007). After the lien was filed. it turned into a full-fledged court battle. It surely didn't help that association board president Noam Kol came to the deposition packing a gun, scaring the owners who clearly felt intimidated. It took a motion of the attorney for the owners (Motion To Enjoin Noam Kol To Bring Gun) and a judge's Order On Motion To Enjoin Noam Kol To Bring Gun to stop this obvious intimidation tactic. This is in my opinion a very obvious example that specialized association law firms are trying to circumvent the law that was created as part of the HOA Task Force bill in 2004 to protect owners against abusive boards. And since it was another easy source of income for the law firms, they are trying very hard to sneak liens and foreclosures back into the HOA statutes. This year it's Representative Andy Gardiner's bill H-679 (Line 1749-1750) that carries the torch for the attorneys (quote): "A fine of less than $1,000 shall not become a lien against a parcel." Even a dummy knows how that will work: Associations will just add two fines together -- and voila! -- they can again lien and foreclose for fines, creating again a big cash cow for attorneys! In my opinion this attempt is just pathetic and shows the attitude of these specialized attorneys: "Who cares about the people as long as we can fleece them!" This lawsuit will be another expensive litigation carried out on the back of the homeowners, because WIN or LOSE -- homeowners are the ones paying for it! Maybe our legislators should enact a law forcing the law firms filing these frivolous lawsuits -- trying to circumvent Florida law -- to pay for the whole cost of the litigation. Because the law firms are ultimately to blame -- THEY SHOULD KNOW BETTER! Maybe the FLORIDA BAR should take action against these attorneys who, in my opinion, deserve to be disbarred for being the willing tool filing these lawsuits -- just for the money! It seems ETHICS are forgotten when money comes into play! |