Fort Lauderdale, FL asked in Collections, Foreclosure, Real Estate Law and Landlord - Tenant for Florida

Q: HOA Property mgmt company has sent my account to collections without notification. How can I avoid pay of addtl fees?

Company stated they sent an email however we did not receive that. There was no written notice sent to our address nor has their attorney contacted us regarding money owed. What are my legal rights? I would like to try to pay all assessments owed without any of the collection/legal fees. What are my rights?

1 Lawyer Answer

A: Florida Statute 720.3085(3)(d) now requires the HOA to mail you a Notice of Late Assessment giving you 30 days to pay before you can be turned over to any attorney or collection agency for collections. This statute went into effect July 1, 2021. If you were with the attorney before then it would not apply. If you became past due after that date they were required to provide the notice and you would be liable for only assessments, interest, and late fees -- no administrative fees. If you believe your rights were violated you need to consult with a lawyer that provides HOA defense and you may have a claim under the Fair Debt Collections Practices Act and the Florida Consumer Credit Practices Act.

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