Invoices for 2016 assessments were mailed December 4, 2015, due January 5, 2016. Members should contact the HOA Treasurer if they would like to work out a payment plan for their assessments. This is offered for hardship cases only, and will be done on a case by case basis.
For past due accounts, the HOA will issue one PAST DUE invoice, due immediately upon receipt. If the PAST DUE invoice is not paid within 30 days, the HOA will contact the Association attorney to issue a 45 Day Notice of Intent to Lien. The 45 Day Notice of Intent to Lien is required by Florida Statute. The attorney charges attorney fees and costs for the intent to lien and also for the lien. Once an account has been referred to the HOA attorney for collections – all payments and inquiries about amounts due must be made to the HOA attorney. A lien will be filed if the past due account is not paid in full by the date listed on the Intent to Lien.
Association board members realize that the attorney fees and costs result in a significant increase in the amount owed, however the Association board is required to turnover unpaid accounts to the Association attorney because the Treasurer cannot perform the collections activity of issuing liens for unpaid assessments. As per the Association attorney, to do so would be practicing law without a license.
An example of the charges associated with collections turned over to the Association’s attorney is: A delinquent account in 2015 had additional fees and costs in excess of $150.00 added with the Intent to Lien. And when payment was not received by the date listed on the Intent to lien, a lien was issued with additional fees, costs and iterest in excess of $350, resulting in a $200.00 assessment ballooning into a total due of $762.52. ($500.00 of this is attorney’s fees.)
Members are strongly encouraged to make their payments on time.
