Q: My HOA just sent me a letter threatening to place a lien on my property because of past due fees. Attny. has 2 ledger
Attorney has two ledgers on what I owe. The new one has been changed. old late fees have been upgraded and an 18 percent interest rate has been charged back to 2013
A: The HOA does have the legal right to place a lien on your property is assessments are not paid. I do not have enough information to give an opinion on whether the HOA can rightfully charge you 18 percent going back to 2013. However, 18% interest is the maximum amount the HOA can charge pursuant to Florida law. It just sounds strange that this is just coming up now being the debt is apparently 4 years old. I suggest that you resolve the issue with the HOA as soon as possible. If needed you may want to take the paperwork you received from the HOA attorney, to an attorney in your area to get a legal opinion on whether the HOA can back charge you.
1 user found this answer helpful
A:
Mr. Williamson gives good advice.
The issue is not that they have two ledgers - the fact is that they are entitled to what they are entitled. If they are entitled to the maximum interest allowed by law, then the fact that they may have billed you for less in the past does not stop them from correcting their math and doing it correctly.
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