Asked in Real Estate Law for Florida

Q: I own a land lot in Sebring FL, I live abroad. I delayed my anual payment to the Property Owner Association.

When I contacted them to make the payment, the sent me a statement with my dues plus huge legal fees. They tell me the lawyer sent me a notification, but I did`t receive it. Now they want me to pay all in order to stop the legal fees. If I did`t receive the notification am I in the obligation to pay the legal fees?

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2 Lawyer Answers
Jennifer Isaksen
Jennifer Isaksen
Answered
  • Bushnell, FL
  • Licensed in Florida

A: It is your responsibility to keep your current address on file with the Property Appraiser. Generally, if you do not pay taxes for 3 years, the Property Appraiser sends notice to all interested parties, publishes in the newspaper and sets the property for sale. In order to prevent the property from being auctioned, you have to pay the amount required. Unless you can prove there was some error or defect on the part of the Property Appraiser, there is not much defense in your favor. Good luck!

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: The HOA, documents (most likely) authorize them to charge you monthly or annual fees as well as attorney fees if you do not pay on time. The fact that you did not get the notice from the lawyer would not remove your obligation to pay the HOA assessments.

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