How to File a Lien for Unpaid Condo Association Dues in Florida
Filing a lien is a last ditch effort to collect unpaid condo association dues. Once a condo association successfully files a lien, it can initiate the foreclosure process and eventually receive the unpaid dues, interest and costs of the legal process. Filing a claim of lien is a fairly straightforward process, but will require at least 45 days to complete under Florida law. The foreclosure process takes an additional 45 days, to file and further time to sell the property. All together, it will take three to six months for your condo association to get its money.
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Instructions
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Send a notice of your intent to file a lien to the condo owner via registered, or certified, mail. This mail must include a return receipt request. In the notice, list the full amount being sought, including the amount of past due association dues and attorney fees or costs associated with sending this notice. Advise the condo owner that he has 45 days to pay the full amount due.
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Wait 45 days from the day you mailed the notice to give the condo owner a chance to make payments.
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Obtain a claim of lien form. These can be found in most office supply stores. Retain your receipt for the cost of the form, as these expenses can be recovered with the lien.
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Get a legal description of the condo you are filing a lien against from your local tax office. Fill out the rest of the form.
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Sign the claim of lien in front of a notary public. Make two copies of the form. Keep one for the condo association and mail one to the unit owner.
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Go to your county Court of Clerk office and file the claim of lien. Once filed, the condo association will have a lien against the unit.
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Tips & Warnings
The waiting times for notification of intent to file a lien do not apply if the condo is being foreclosed on by another party or the owner is undergoing bankruptcy proceedings.
The condo association may recover interest, late charges, costs and attorney fees along with the overdue association dues from the lien.
