Like many HOA's, mine in Florida is experiencing increasing difficulty in collection of assessments. As a possible remedy, the Board of Directors is considering hiring a collection agency to help.
Our controlling documents specify Claim of Lien, Foreclosure, and/or Suit for Money Judgment as remedies for non payment of assessments. They say nothing about other remedies.
Florida Statute 720.3085 defines required processes for Lien/Foreclosures and limits the mortgagees liability in the case of bank foreclosure. It makes no mention of collection agencies.
Finally the question. The HOA's attorney, who currently enjoys a monopoly on our collection litigation, says that we can only do what is specified in the DCCR's and the statute, else we could be liable for non-compliance with controlling documents and the statute.
Is our attorney looking after our best interests, or their own?
Replies from any Florida HOA's or attorneys would be most appreciated.