HOA -- COLLECTION OF DUES

Effective July 1, 2007, the Florida Legislature created more detailed provisions in regard to collection of dues in mandatory homeowners' associations (FS 720.3085).

Even if this new provision makes sure that the owner receives by First Class United States Mail a certified letter with return receipt requested, the chapter is full of money-making provisions that fill the attorneys' coffers.

Just another chapter in the long sad history of the way Florida treats the owners living in mandatory associations. This provision does not protect the welfare of the communities or the owners; it protects the income of the attorneys! They made sure that they get paid first -- but only the leftovers, if there are any, will go to the association.

But this chapter in FS 720 still doesn't mean that responsible board members can't create their own guidelines and avoid their neighbors getting hit with unreasonably high attorneys' fees. A condo association created these guidelines, that make sure that owners are protected against unreasonable collection costs, but still allows them to go after the "deadbeats." Talk first to your neighbors before allowing an attorney to hit them with costs that are mostly higher than the whole amount owed to the association.

So much said, here are the most important provisions created by FS 720.3085:

As a board member, never forget: You are one of the leaders of your neighborhood. “Neighbor” is the magic word! Please make sure that you don't turn it into a community that is determined to enrich your local attorneys! You can prevent that when you help to create the right guidelines to ensure that the association collects the necessary money without harassing neighbors who may just need a little neighborly help to make sure that their dues are paid!

Here is an excellent example (changes necessary to be used for homeowners' associations):

SCHEDULE FOR PAYMENTS OF ASSESSMENTS AND COLLECTION PROCEDURES

INFORMATIVE LINK:

LIENS + FORECLOSURES (FDCPA)