The Florida Condominium Act

718.116 Assessments; liability; lien and priority; interest; collection

Lien Foreclosures

We are attorneys and we represent Miami-Dade and Broward County condominium and homeowner associations in lien foreclosure cases (Lo hacemos en espanol tambien. Abogado Toyne esta casado con una Latina, trabajo en Argentina y Puerto Rico y hable demasiado bien el espanol!).

The Approach

• We will review and confirm the options available to the Board of Directors as provided under the Florida Condominium Act and under the Declaration of Condominium and ByLaws for your association.  These are late fees, interest, the possibility of acceleration of the rest of the year's assessments, liens and lien foreclosure.  Contact us, give us your Association's information, we will do this for free.

• The Board will have to determine its "drop dead" date for delinquent accounts.  We will help the Board make that decision and implement it in a way that conforms with the law.   If the Board is out of control, we will do what it takes to make the Board make a decision.

• We will coordinate with your management firm or accountants to ensure they communicate the "drop dead" date to the unit owners in a correct manner.

• We will receive the data from your accounting staff for the delinquent unit owners and give them the statutory notices that the Association is demanding full and timely payment of the assessments.

• If the unit owner doesn't pay in full, we will foreclose the Association's lien, ultimately having the Clerk of Court issue a Certificate of Title.

• Now, it won't always work this way.  There are complications and  convolutions.  Banks get involved to foreclose their mortgages, bankruptcy gets declared, unit owners want to fight for the "principle of it all."
  However, most times, the file is processed in the  ordinary course and is resolved with minimal problems. If the unit owner resolves the Association's claims, then they pay our fees.  If the Association or a first mortgagee takes title after foreclosure, then the Association will end up holding the fee bag.

• We will keep you up to date on the progress of the files by emailing you copies of the papers we file and the papers we get.  If you call us, we will respond.

• We don't charge for long distance, most postage, photocopies (unless it becomes a big deal) or simple questions we can answer on the spot.

• Most associations with collections problems aren't exactly flush with cash.  We will advance the recording costs, filing fees and all the costs associated with litigation.  Not to worry, we will expect the Association to pay if necessary, but we will do what we can to get the money from the unit owners first.

This website reflects our philosophy:  simple, clean, right and fast.  If you like our website, then odds are we'll get along as attorney and client. Give us a call today!