If the master agreement allows for the imposition of attorney fees and costs, then yes. I'd say, however, that this is dependent upon the status of the dispute - if it was shown that the missed payment(s) were, in fact, made and that the association made the mistake, then I'd say you can certainly demand the waiver of the fees. But, if it was your mistake, then I'd say you're probably stuck.
We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.
Once a condo association has to contact their attorney about collection, the association has to pay legal fees. So of course those fees will be passed along to the delinquent homeowner even if payment was made before the legal papers were mailed out. Hope this perspective helps!
Florida law provides for associations to be reimbursed for attorneys fees without filing litigation and any payments are in fact applied to attorneys fees first, the interest and late fees, then assessments. This is in the statute. It means unless the bill is paid in full the owner is always delinquent?
I think $500 is excessive for a form letter and a check of county records for the deed.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Attorneys fees to associations can be a real problem. And you will be charged for the time they spend communicating with you regarding the dispute fee.
The questions and answers posted on AVVO are for general information and should not be treated as legal advice or establishing an attorney-client relationship.