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By CondoAssociation.com • May 1, 2017

Can Florida HOA put a lien on a property?

We have an HOA in deep trouble. The past six boards, mostly the same people, have taken issue with several owners asking pertinent questions at board meetings about finances. The HOA board has now assessed one of these owners over $15K for their "legal fees" even though they never went into a court room. The board then put a lien on the person's home. Only one of the questioners have been lien (selective enforcement or selective harassment).

It is my opinion that the board, according to Art 10 Sec 4 of the Florida Constitution does not have the right to lien a home for their legal fees. The fees were incurred by a board covering up their mistakes. Harassment of owners Fl Statutes 720.303 (8) clearly states that all expenditures of association money must be done and voted on at a duly called board meeting. These legal fees were never voted on to spend in the first place, where do I go from here? Other than hiring an attorney, which I did, but am not too impressed with his knowledge of HOA law, I continue to get differing answers for several attorneys.

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.

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