Sometimes, when owners receive communication from a law firm, they are unsure of how to proceed. We at Basulto Robbins & Associates, LLP understand those concerns, so we have created a list of frequently asked questions. designed with the owner in mind. Should you have further questions about your matter, please contact our Firm, and we will attempt to resolve your situation in an efficient, timely, and cost-effective manner.
Please note that our firm represents Associations and does not provide legal advice to the owner regarding their specific matter. The information contained in this website is for informational purposes only and does not constitute legal advice. This information is generalized and not related to any specific set of circumstances. Anyone obtaining information on this site should consult with an attorney for legal advice. If you would like legal advice, please contact your local state bar for a referral to an attorney.
Frequently Asked Questions
We hope that you find these frequently asked questions helpful. Again, feel free to contact our firm should you have additional questions.
I received a 'Notice of Intent to Lien' from the Basulto Robbins & Associates, LLP. What does that mean?
Your account is delinquent with your Association and has been sent to our office for collection of the outstanding debt. The notice states the amount that is owed, as of the date of the letter, to the association and to our office for maintenance, special assessments, interest, late fees and attorney's fees. The letters disclose information about the Fair Debt Collection Practices Act and the many ways to contact our firm to resolve your matter. It is important to note that substantial additional attorney's fees are incurred at each step of the process.
I received a 'Notice of Intent to Foreclose' from the Basulto Robbins & Associates, LLP. What does that mean?
Your account is seriously delinquent with your Association and has been sent to our office for collection of the outstanding debt. The notice states the amount that is owed to the association and to our office for maintenance, special assessments, interest, late fees and attorney's fees, as of the date of the letter. The letters outline the Fair Debt Collection Practices Act and the many ways to contact our firm to resolve your matter. It is important to note that substantial additional attorney's fees are incurred at each step of the process. Your property is approximately 30-45 days from the filing of a lien foreclosure action.
I cannot afford to pay the entire amount outstanding; can I enter into a payment plan?
Yes, you can enter into a payment plan any time prior to the lien foreclosure being filed. In the written payment plan agreement, the Association and delinquent unit owner agree to pay off the debt over a period of time. If payments are not timely received when due and future assessments are not kept current, our firm will proceed with the next step in the collection process.
Now that I am in collections with your firm, the property manager and Board will not discuss my debt with me. Why not?
When your account is forwarded to our firm for collection, the Association's management company and Board of Directors are instructed to direct all communications from you regarding your delinquent account to our firm for handling. They are not trying to be difficult, as they want to be sure that you are speaking with the law firm who can provide you the best, most updated information regarding the status of your account and how you can work to resolve it.
What if I dispute the debt?
Please document your dispute to our office in writing. Providing our office with the front and back of the 'cancelled' checks during the dispute period will greatly assist in resolving the dispute.
Under what circumstances can Board Members be removed from office?
Florida Statutes provides minimal requirements for eligibility for service on the Board. Members must be: (1) over the age of eighteen; (2) have no prior felony convictions (unless civil rights have been restored); and (3) have to be no greater than ninety days delinquent in the payment of any fee to the Association. If the unit owners believe that board members are not adequately protecting their interests, they can remove them by petition, by a majority of the unit owners (see form in our Resources section of our website).
What rights do unit owners have to obtain copies of official records of the Association?
§718.111(12), Florida Statutes, specify which records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative, "except as set forth in Section C of the statute." These exceptions include attorney communication, pending or threatened litigation, documents related to "personal, disciplinary, payroll, health, and insurance records" of individual members, employees or contracted employees and certain employee or contracted employee's records. If you have a question regarding any written request for records, please contact us to ensure that your association complies with the statute.
Can the Association tell me I cannot rent out my unit?
Many Associations have rental restrictions that limit a unit owner's ability to rent the premises. Association's governing documents may provide for a right to approve/disapprove a prospective tenant, set minimum lease terms, minimum ownership periods prior to leasing, require a security deposit against damage to the common elements, etc. Further, Associations can deny the unit owner the ability to rent the unit if the owner is delinquent in the payment of any fee to the Association.