My in-laws live in Florida, and own a condo. There was a water leak from a neighboring condo unit, but there was only a little puddle in my in-laws’ unit that they cleaned up with 2 towels. The HOA called a service company to come in and do a dry-out when it was not needed for my in-laws’ unit and they did not want the service. The HOA is refusing to pay for the dry-out between the units which is their responsibility (I believe), and the service is trying to collect $1740.44 from my in-laws. There is now a Construction Lien against their condo unit. Is this legal? Can a person be charged by a company they never hired for services they never wanted, nor needed? Also, a silly question, but one that needs asking… Can the company sell their condo out from under them to satisfy the Lien? What can be done?
In theory, yes, the lien could be foreclosed to force the sale of the unit. But for a lien for a lien of $1,740.44, your parents should never let it go that far. Is this lien invalid? Possibly. You may also be correct that the HOA is responsible for the charges. But to answer either of these questions requires consulting an attorney. That is because an attorney would need to review the terms of your parents' HOA documents to determine who is responsible for these charges and whether the HOA has the authority to order repairs on your parents' behalf. So your parents' options are (a) pay off the lien to make it go away, or (b) consult an attorney to see what their rights are.
The problem seems troublesome. Not a small expense
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