I fell behind on on my HOA maintenance fee payment during Irma (in FL). It's for a property I own, and rent to a tenant. I was able catch up and submitted my payment, albeit 2.5 months late. However, I was surprised with an action to foreclose a Claim of lien against my property. It was the first I've heard of it, as their notices were mailed to the property (and not to my address, which the HOA has on file). My subsequent payment therefore was never accepted due to this (unbeknownst to me). I'd just like to pay and settle, but now the process seems confusing. Do I have to purchase an estoppel letter? Is that the first step? Won't that generate even more fees during the wait time?
You need to contact competent counsel NOW! That lawyer may be able to negotiate more favorable terms for you, or not, but in any event can probably freeze the situation until it can get sorted out. The lawyer can (maybe) see if the failure to provide you with proper notice places the matter in jeopardy, assuming what you say is true.
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You need to discuss this with a condo/HOA lawyer in your area. You now have a lawsuit against you. You have some affirmative defenses to assert. Trying to assert them outside of court is going to increase the legal fees you owe communicating with the attorney. The HOA and the management company cannot communicate with you and, if they do, their information is unreliable because they are not privy to the attorney's ledger of fees and costs.
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I agree with my colleagues; you should consult with and retain a good local associational attorney ASAP. Do NOT delay. Unfortunately, there's nothing anyone can do for you here on line/
Hope this helps.
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I suggest you retain an attorney to help you sort this out and negotiate a settlement for you before this gets out of hand. HOA foreclosure actions can proceed rather quickly and the HOA's attorneys sometimes inflate their fees so much that it will end up costing you much more to get out of this.
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I agree hire a lawyer ASAP, get a total worked out and pay it as you dont want to lose the house to foreclosure; or the HOA intercept your tenant's rent in full (whether you have a mortgage or the ability to pay it without collecting the rent, irrelevant to the HOA if you need that rent money) until your balance is paid off.
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