[FL] Can a HOA foreclosure for past HOA assessment fees be stopped or even revoked if there was fraud that caused the action?
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You will want to hire a probate attorney to file a claim against the estate and seek a court order forcing the estate to be liable for the fees.
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Can a HOA foreclosure for past HOA assessment fees be stopped or even revoked if there was fraud that caused the action?
I'm sorry to hear about your situation. Can you provide more details about the fraud that occurred?
The personal representative lied about there not being any liquid cash in the estate in order to claim that he can't transfer the condo and that he had no money in the estate to pay expenses.
Have you already been in contact with the HOA regarding the fraud and the foreclosure action?
No.
Is there anything else the real estate lawyer should know before I connect you? Rest assured they’ll be able to help with your HOA foreclosure.
No.
My name is Jessica and I am a licensed attorney. I’ll be assisting you with your question. I am reviewing your question and will provide a response momentarily. I hope I may be of assistance.
I am so sorry you are having issues with the HOA. Is there a past due balance for fees?
Yes. The past due amount is $28k.
Okay, and those fees were incurred while the property was owned by the estate?
When probate opened there was $30k in liquid cash, affirmed in the inventory filed with the court in September 2021. At that time, a notice from the HOA was sent to pay $2,700 for intent to place a lien. The estate opened in December 2019. The original PR was paying these fees from bank funds until he passed away. The new PR refused to pay these fees moving forward. He has not filed an accounting and was asked several times to do so. I realize it was to hide money.
What state is the property located in?
Florida.
In Florida, a probate estate can be liable for unpaid HOA fees—but only for fees incurred before the homeowner's death. The estate's responsibility is limited to the amount owed at the time of death.
Yes, this was post-death. There is a claim in civil court for the fees.
Was this property homestead?
It was marked in the sworn inventory as exempt homestead. But the PR says that because I’m not an heir (blood relative), it doesn’t apply to me.
Correct, it does not apply to you. It applies to the heirs who sold you the property.
I inherited the property through the will.
Okay, and when was the deed transferred to your name?
My understanding is that there are three types of homestead:
- Homestead status that stays on the property itself
- Homestead protection from creditors
- Homestead exemption for tax purposes
I believe I keep homestead status, which makes it not a probate asset.
This was my question about fraud: they purposely have not transferred the condo to me so they can take it for their fees later. They lied to the judge that there was no cash. But there was—if there was cash, they would have had to transfer the condo a long time ago.
There was cash listed on the inventory filed with the court?
Yes, $30k.
Did the PR file a Petition for Homestead Status with the court?
No, he did not. But I did in 2024. Then he filed a sanction against me for doing so and I was forced to remove it.
You will want to hire a probate attorney to file a claim against the estate and seek a court order forcing the estate to be liable for the fees.
Is this because of the homestead issues?
Correct. If the deed is transferred to you through homestead, then you are liable for the fees.
What about requesting that the PR get a surety bond?
That time has passed. That would have occurred at the very beginning of probate.
Yes, but due to his mismanagement, can I request it now? Is this to protect me from inheriting the lien?
You must file a claim against the probate in order to attempt to avoid the debt.
Okay.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
