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?
Gavel on copy of lawsuit; image by Wirestock, via Freepik.com.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.
If you need help initiating a lawsuit against a homeowner in Orlando, an HOA attorney at Legal Counsel P.A. is ready to help. An attorney would be happy to review the terms of the contract between you and the homeowner and decide what the best course of action is.
The Orlando, FL HOA lawyers at Legal Counsel P.A. have been providing legal assistance to individuals for over 20 years and are committed to helping their clients obtain a favorable outcome.
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