Serving Tampa Bay, Florida • 813-337-7349 • OFFICE@TKTLAW.ORG
Serving Tampa Bay, Florida • 813-337-7349 • OFFICE@TKTLAW.ORG
First, the Association will send the Homeowner a letter to the address on their records.
After the Notice from the Association, if unresolved, the matter will escalate to the Association's Attorney.
If the Homeowner does not comply with the Attorney's letter, for most matters, the Homeowner will next receive a request to mediate.
When the Homeowner does not respond to the request to mediate, mediation is unsuccessful, or not required, the Association will file suit.
Past-due assessments become liens upon the property, which can be foreclosed. A past-due balance can generally be resolved at anytime ahead of the foreclosure by settling the full balance due or reaching a payment arrangement with the Association. If the matter has been escalated to the Association's attorney, the homeowner should expect to pay some of their attorney's fees. An HOA/COA defense attorney can help homeowners negotiate with the Association to receive an ideal resolution.
A property noncompliance can yield both fines and fees as well as an injunction lawsuit. The noncompliance can generally be remedied at any point by working with the Association to identify how the issue can be cured and any permissions necessary to move forward. The fines and fees can generally be resolved by settling the balance due or reaching a payment arrangement with the Association. An HOA/COA defense attorney can help homeowners negotiate with the Association to receive an ideal resolution. If the matter has been escalated to the Association's attorney, the homeowner should expect to pay some of their attorney's fees.
Many homeowners feel frustrated with receiving confusing notices from their Association and simply discard them or take no action. In every circumstance, that will only worsen the situation. By taking no action, fines and fees will continue to accrue and eventually the Association will file suit to seek an injunction and/or lien foreclosure. Instead, seek the advice and counsel of an HOA/COA defense attorney as soon as you receive a notice.
Yes, even if your home has homestead protection, the HOA or COA can still foreclose on the property. Taking action to defend yourself early in the case can prevent that outcome.
In many cases, the Association will accept less money than is due or establish a monthly payment plan. Attorney Thornton has experience with reaching affordable and favorable settlement agreements for homeowners in this situation.
The Law Office of Tiffani K. Thornton
10150 Highland Manor Drive, Suite 200, Tampa, Florida 33610
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