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Barbara Von Pagel
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Seeking HOA Advice and/or attorney in Osceola County FL

Barbara Von Pagel
Posted

Hi all,

This is complicated and I'm not sure I understand it myself. I bought a STR condo in September in Kissimmee with a complex that has it's own HOA. I received a letter from a law office about a month after closing advising that I was responsible for past due HOA fees and legal fees for a separate master HOA association that wasn't disclosed prior to my purchase. When I went to my title company, they advised that there was no lien for those fees and they would be the responsibility of the seller. But I received another letter from the law office, changing the amounts owed to the HOA fees starting when I bought the condo plus the legal fees. I've never received any letters, paperwork or statements from the actual Master HOA (Westside Master, if anyone is familiar with them). I'm not sure I understand how I can owe legal fees when I haven't been billed for anything. I've asked the complex HOA for clarification and got the following email - I'm quoting directly but removing identifying names

"[MasterHOA] asserts its status as a Master Association for individual owners at [complex] and believes it is entitled to levy charges on [complex] owners for the benefits of [MasterHOA] membership, despite not currently providing any services. The management company representing [MasterHOA], [Regional HOA] recently distributed information containing a budget that includes an assessment for managing Cable/Phone services. However, there is no [MasterHOA] contractual relationship between the contract between [complex HOA] and Hotwire regarding these services. This situation has persisted since inception. [MasterHOA] had initially expected the [complex HOA] to collect assessments from [complex] owners and remit the payments to the association. The [complex HOA] clarified that it is not responsible for collecting assessments on behalf of another association—in this case, [MasterHOA]. [MasterHOA], like all Homeowners Associations in Florida, is required to comply with OFFICIAL RECORDS 720.303(4)(b), Florida Statute. This statute outlines the requirements for communicating with owners about budgets, elections, meetings, contact information, board members, and related matters. Historically, [MasterHOA] has not fulfilled these obligations; however, individual owners can now have the opportunity to communicate directly with [MasterHOA]'s management regarding their concerns. Each owner must decide whether to pay [MasterHOA] and determine how best to engage with the association."

And no, I never received any budget or assessment from the Regional HOA. I've never received information about meetings, board members, etc. from the Master HOA. I sent a certified letter to the attorney asking for documentation and received an email reply reiterating the original claim that I owed them legal fees on top of the HOA fees.

Can someone refer me to a good attorney with HOA experience who'd be willing to book a consultation and help me unravel this?

  • Barbara Von Pagel
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