Battling the HOA, Part 3
I hope you all have had a great week. You'll remember that last week we went over some basic tips for handling a dispute with your homeowners association (HOA) over past due assessments. If you would like a refresher on last week's newsletter, you can read it here. This week, I'd like to focus on another way to dispute an HOA lien against your property for past due assessments: the lien contest.
If you have an ongoing dispute with an HOA over past due assessments, at some point the HOA will most likely record a lien against your property. If you receive notice that such a lien has been recorded against your property and you wish to dispute the lien, you may record what we call a notice of contest of lien.
Florida Statute 720.3085 provides for this right to record a notice of contest of lien. This law even provides the particular language to include in the notice of contest of lien. Once you receive notice that the association has recorded a lien against your property, you draft the notice of contest of lien and take it over to the clerk's recording office to have it recorded in the official records of the county where your property is located. The clerk's office will then mail a copy, via certified mail, to the association.
The association will then have 90 calendar days to bring an action to enforce its lien. If the association fails to do so within the 90-day time period, the lien is considered void as a matter of law (filing bankruptcy during the 90-day period extends the deadline for the association).
Many Floridians wishing to challenge liens placed on their property by HOAs do not know of this right to a lien contest. This is just one tool among many to assist you in trying to resolve your dispute with the HOA. Next week, I will be introducing you to Florida's important head-of-household protection and how this can protect Floridians from judgment collection.
In case you would ever like to reference any of our previous newsletters, we are archiving all of them here.
Thank you for reading and I hope you have a wonderful evening.
Ryan Torrens, Consumer Litigation Attorney
Disclaimer: The information provided in this email does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this email is for general informational purposes only.
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