BY: LITIGATION DESK | BocaNewsNow.com
DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — Raising questions as to whether it’s in a homeowners association’s best interest to risk court costs over a minimal past due balance, an association within the Kings Point senior living community in Delray Beach is suing a resident. Resident Elizabeth Alexis– according to the complaint — owes $806 in maintenance fees from March 30th of of 2021 through January 12th of 2023.
But when the “Saxony K” association within Kings Point filed suit in Palm Beach County Circuit Court, it demanded not just the $806, but $1,100 in fees and $467.50 for the “Association Law Group” and attorney Jennifer James. That brings the $806 past due balance to $2,390.97, according to documents reviewed by BocaNewsNow.com.
Unquestionably, homeowners in Florida are responsible for whatever HOA fees their HOA assesses — that’s part of the requirement for purchasing property in a Florida HOA, condo association, or property owners association. But in this case, it’s unclear why Saxony K thinks spending $1600 to collect $800 is a smart play.
The complaint states that Elizabeth Alexis has been notified time and time again that money is due, but has refused to pay. From the suit: “Elizabeth Alexis currently hold(s) possession of the above referenced real property. Elizabeth Alexis remain(s) delinquent in the payment of assessments and Plaintiff is entitled to foreclose its claim of lien. 19. Section 718.116, Florida Statutes, expressly provides that the claim of lien shall secure all unpaid assessments, interests, costs and attorneys’ fees which are due and which may accrue subsequent to the recording of the claim of lien and prior to the entry of a certificate of title.”
The suit seeks collection of all money owed, but does not attempt to foreclose on the property. Read the complete complaint, as filed with the Palm Beach County Clerk of Courts, here.
