FORECLOSURE PROCESS

GLITCH IN ASSOCIATION DUES ALMOST SINKS HOME OWNERSHIP

Courtesy Miami Herald -- Action Line

Posted 12-25-2004

• Q. I bought my house two years ago. I fell behind with my homeowner association dues because the bills were addressed to the former owners, so I never opened them.

When I found out that I owed money, I made several offers to pay in installments and even sent off a check for $400. I thought everything was OK, but the association's lawyers have sent me a notice of foreclosure. I don't know what to do.

 A: We told you to act immediately because the foreclosure process was well under way when you contacted Action Line; you were in imminent danger of losing your home.

We called Jan Bergemann, president of the St. Augustine-based grass roots organization, Cyber Citizens for Justice, which advocates for reform in the laws relating to homeowner associations (HOAs) and told him about your situation. After talking to you, he put you in touch with Blane Carneal, a Fort Lauderdale attorney who helped negotiate an agreement with your HOA's lawyers and prevent the foreclosure from going forward.

''I assessed her situation; it was too perilous,'' Carneal told us, especially since your debt of $865 to the HOA was legitimate. ''What we did is get somewhat of a compromise,'' he said. Stopping the foreclosure was accomplished by your paying the HOA fees and its attorneys' fees in full. However, that didn't come cheaply. The HOA's legal fees came to a whopping $4,000.

Carneal and Bergemann say that too many people are unaware of what can happen if they fall behind on HOA dues. Both have horror stories of people losing their homes because they owed less than $100 to their HOA, and both think Florida's statutes penalize homeowners while benefiting HOA lawyers.

''Do I think the collection process is too aggressive?'' Carneal asked. "Absolutely!''

More information about Cyber Citizens for Justice is available at www.ccfj.net.