Can the HOA garnish my wages for unpaid dues? Since it's personal debt...

Asked about 5 years ago - Jacksonville, FL

Lost our condo to foreclosure, there are new owners, the HOA is still coming after me for HOA dues from during our foreclosure 3 years ago. I've since learned my HOA is considered personal debt and I am still responsible but can't pay dues when I couldn't pay my mortgage...

Attorney answers (3)

  1. Dennis Michael Phillips

    Contributor Level 17

    Answered . Follow this link to some free info about debtor-creditor relations from the Florida Bar: http://www.floridabar.org/tfb/TFBConsum.nsf/0a9...

    One thing I've learned is that it's never too late to negotiate. Best wishes.

    Dennis Phillips, Esq.
    Florida personal injury and wrongful death law. Negligence is no "accident" (TM) www.inawreck.com

  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Garnishment would usually only be appropriate if the Home Owners Association has a legal judgment against you.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

  3. Brett D Weiss

    Pro

    Contributor Level 18

    Answered . Although I am completely unfamiliar with Florida law, generally speaking you should not be liable for any post-foreclosure HOA fees (although you would be liable for any pre-foreclosure fees). Ability to pay is different from personal liability.

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