Resident Owes Less Than $5,000. Do You Think That Should Lead To Legal Action?
BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — Another Boca Raton Homeowners Association is filing a lien of foreclosure against a homeowner who owes back fees and dues. The HOA: Boca Club. It’s just west of the Turnpike and just south of Clint Moore Road.
According to the suit, Ovide Paul who owns a home in the 8200 block of Via Di Venato. He hasn’t paid dues and fees since December of 2022. As of the filing of the suit, he owed $4,875. The suit seeks immediate payment and legal fees, or the execution of a lien on the property.
Attorney Robert Kaye, representing the HOA, filed the complaint. It includes just $700 in legal fees and $100 fee assessed by the management company. You can read the complete suit here.
Florida HOA’s, COA’s, and other associations have the right to demand payment for pretty much anything. If you don’t pay, they do have the right to sue, restrict gate access, and limit amenities until the matter is resolved. Homeowners accept all HOA rules when they enter into a contract to buy a house governed by an association.
Share your thoughts about this lawsuit, below.
29 responses to “Another Boca Raton HOA Files Foreclosure Lien Against Homeowner”
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Yes, they should sue. If they don’t, the rest of us have to pay it. That’s 10 months they’ve not paid.
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It’s about precedent… the HOA cannot pick & choose and only sue if a homeowner owes a large amount or fir any of the HOA rules. If they don’t enforce the rules as stated in the HOA Bylaws then everyone can beat them in litigation… they have no choice.
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If one gets away with it more will follow
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You do not have to buy a property in a community that is HOA governed if you do not like/trust HOA’s. That choice is yours before buying.
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It’s way past time to diminish the power and authority of HOA boards. Too often these boards represent an adversarial role against residents of these communities. Punish abuse and sanction and certainly impact negatively the health and well-being of residents,
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I agree but HOA’s are taking over it is unlikely for ANYTHING less than what Florida. Has already become..The great state of HOA Hell on Earth.
Only pretty rich boring and nosy Karen type people can and would 💕 love the H.O.A.’s. -
Sometimes we feel like captives. When you get a group of Q’non faction in the Bldg it’s just craziness. It’s really what’s going on in this country, the minority controls the majority.
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Hi, it’s just another case of the inmates running the asylum!
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You don’t know circumstances of residents. Are there assessments? Did he lose his job? Is he ill? Some have been left with the choice to either pay their mortgage or their assessments. Mortgage first. It’s a double edged sword and HOAs need to try to negotiate before legal add ons. Homeowners trying to tap their equity in this negative are SOL.
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The HOA’s DO contact the homeowner ( or at least make a great attempt many times) before taking (last resort) legal action. The legal summons isn’t a surprise that comes with no warning ! The resident is given every opportunity to plead his case.
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It’s ridiculous that an HOA would be able to take a home like that. Of course, it must be a free and clear home or else they need to get in line behind the bank. I’ve seen this personally and the vultures of the HOA will only go after free and clear properties. They know their chances are better. The case I saw was a few thousand dollars but by the time they left these people alone, it had cost them about $50k in legal fees. The property manager, lawyers and HOA officers all took a cut of that gravy. What they don’t know is that blood money only brings bad luck. You get what you give in this world and if you cast sht out, that’s what you will receive. The lawyer in this case will likely lose their law license and the property manager will never work in the field again. The HOA folks are hated by most of the residents because they nearly bankrupted the entire community.
The laws need to be changed so that this sort of predatory litigation is prohibited.-
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Owners feel like captives sometimes and when you have a small fraction in charge of hoa it creates a situation where a small minority controls the majority. Just like the country.
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When the HoA President and aboard approved a loan against the property and residence don’t agree, but do it anyway and tells the residents they have split the bill to payback the should be illegal here we are with a assessment of 45k and the same time they raised HOA dues and add special assessments every few month some residents have moved and some have mortgage to pay and trying to sale your condominium with assessments that high will be difficult unless the seller agrees to pay upon the sale of the property losing out the equity earn. Is that fair and can you sue the HOA and property management.
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Before the Atty letters go to the homeowners, they get plenty of notice from Benchmark Property Management. The Association has the right to expect all their homeowners to pay their monthly or quarterly dues on time. They also receive a copy of the Condo docs that clearly state when the payments and special assessments (if applicable) are due. The Attorney demand letter and lien letter are perfectly legal documents and if the homeowner still does not get their account up to date the Association can certainly file a foreclosure.
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No one gets “a cut”. Attorney fees are paid and money goes back into the HOA coffers. It is illegal for Board members to receive compensation of any kind. Know the law.
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Why shouldn’t they file suit. Typically the HOA carries the debt for a long time before they file suit. Every other homeowner bears the cost of the delinquency. Why should these folks get a free ride
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Right or wrong, if folks are dumb enough to live under an HOA that’s their own fault, especially condo HOA’s in Florida.
Living under their “rule” is a prison unto itself. -
If you don’t like it, go live with the illegal migrants and homeless up north!
Florida is great, the best place to live! -
If you don’t want to live by the rules of the HOA then don’t move into a HOA Community.
If you feel that the HOA board is not a group of fair and rational people then vote them out of office.
If you don’t like how the HOA is run then run for the board.
Stop complaining when your elected board follows the HOA documents -
Pay your bills, like you agreed to. Over 25% of the residents in my 350-home community, pay late, or WAY late. Makes it tough to pay the common bills. Grow up.
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This is only a lien. Not a foreclosure. This is to ensure that the HOA receives all funds that are due them if and when the home is sold. Without it the HOA will not receive any funds if the home is sold.
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These Karen’s are selective in their attacks according to background, race, religion and culture. I’ve Have had several family deaths, loss of employment and my child almost lost her life an accident and is still recovering. I also got really sick. Another neighbor also didn’t pay due to family circumstances for the same amount of time and they never took any legal action against him but sure did against me. On top of that citing me for anything and everything to make it impossible to pay. Ex board members told me about their conversations referring to my religion and background as a negative to the community during board meetings. I tried to communicate to settle and their door keeper literally hangs up the phone and won’t let me speak to management. Instead they fine and continue fining me with intentions to foreclose and drive me out. They filed the suit for about the same amount as this man and afterwards hit me with $5000 in more citations. Some of the ridiculous fines are like $1000 for my dog barking, $1000 for leaving my garbage out 1 day past pick up, and many more like this. They call the police on me when I’m quietly folding clothes in my living room. Their inhumane attacks on people should be stopped by a complete reform on their power. It’s not right. My family has been harassed continuously by members of the board, even my children. To the point that they have even killed and stolen my pets. These people have no lives or compassion and will stop at nothing to execute their evil agendas. You are right though I was stupid enough to buy into this prison. Never again!
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The HOA represents all the homeowners and must make all residents pay the equal amount. Monthly bills water, power, lawn, pool services. yearly bills for insurance and required collections for home repair, roof replacement and other long term cost items. The HOA is required to collects these fees
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So someone made a comment “Your not forced to live in an HOA”
I counter, in South Florida ” You are forced to live in an HOA or COA ” there is simply no property available for sale outside of these communities.
So if you have to live in South Florida for Employment or Educational reasons you are forced to live in these God forsaken communities.
Thus we need our state to limit the total amount of these communities so that they cannot become the majority.
Stop worrying about your property value, if you honestly are dependent on your properties to be the sum of your net worth, then you have failed.
I’m worth far more without my properties, than with them.
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