Three Rivers, MI asked in Contracts and Real Estate Law for Florida

Q: This property is located in Florida, and I have a question. The management company mishandled owners' assessment monthly

payments, and the owners had to prove they owed the money. This event occurred in 2010 which the HOA claimed the first missed payment happened in 2010, and it is now 13 years later, but the HOA never filed for foreclosure or placed a lien on the unit.

Is there a statute of limitation preventing the HOA from pursuing a lien at this point based on statue 95.11(2)(b)-(c)?

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2 Lawyer Answers
James Clifton
PREMIUM
James Clifton
Answered
  • Fayetteville, GA
  • Licensed in Florida

A: Yes, it is very likely that the statute of limitations has run on HOA assessments from 2010 unless some action has already been filed and is pending relating to the missed HOA dues. Schedule a free consultation to make sure your rights are protected.

Barbara Billiot Stage agrees with this answer

A: The statute of limitations on past due assessments is five years unless the HOA has been filing and maintaining liens for the debt or a bankruptcy abated the time during the pendency of the bankruptcy.

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