The HOA, a co defendant in a foreclosure case 5/2009 filed a Notice & Claim of Lien over a year 6/2010 AFTER the filing of the

Your inquiry has a lot of moving pieces and as a result would be best served through a consult with an attorney. This is a difficult forum for having such a discussion. I cannot even tell if you have a legitimate claim or not. However, I will attempt to provide some information in response to all of your inquiries. These will be general responses and by no means are meant to encompass all the potential exceptions and nuances of the law and litigation. In any event, you mention that the HOA, which was a co-defendant in a mortgage foreclosure, filed a claim of lien. This is not uncommon. HOA liens are governed in part by Fla. Stat. 720.3085. I believe this was the current version of the law in 2010 as well. You can review that for reference. It is also governed by the association declarations. These are public record if you know how to search official records. These amount to a contract between the landowner and the association and are important to know when dealing with your association. As for filing a new lien, this is common because liens expire when no action to enforce is made and the statutory time passes. Based on the dates you have provided, the first lien appears to have expired. The new lien likely includes interest and fees and costs associated with collecting these past due amounts -- all perfectly proper (given the amounts are reasonable). Fla. Stat. 720.3085 provides a mechanism for contesting the lien and forcing them to file suit within 90 days. This will bring everything to a head. I would not advise doing it on your own, but that will expedite their decision to file a suit. The only defense you have to non-payment of assessments is payment. You may have some other defenses which could be found by examining the declarations and bylaws of the association, but I couldn't tell you offhand. Damages are calculated depending on what they are. It can get complicated but here are the basics. There are "actual" damages. These are amounts which are quantifiable and can be proven as your damages. This is an oversimplified example, but, if they broke a lamp and it cost $20 to replace, that would be the actual damages. Statutory damages would be where there is actually law assigning damages for a specific behavior. Punitive damages are designed to penalize bad behavior...this may be by statute, or by law (prior cases). You would have to show that you were damaged and if you cannot calculate an amount you were harmed, then the damages would likely be punitive because you are trying to punish what you consider negligent management of the association funds. Finally, I would strongly recommend you consult with a local attorney before jumping in with both feet. You may quickly find yourself over your head.

You're mixing apples and oranges. There is no defense to not paying assessments unless 1) you actually paid or 2) the assessments are invalid or illegal (which is not likely). The law doesn't allow you to withhold assessments because you don't like the way the HOA is managed or the money is spent. Bringing in a counter-claim will likely just complicate the issue and increase the attorney's fees and costs you owe the association. You need to consult with a local lawyer and fast.

I agree with my colleagues. If the fees are contested, the best way to avoid HOA foreclosure and further fees and costs is to pay the amount owed and try to settle the correct amount owed later through mediation or litigation. However, you also mentioned that there is a foreclosure action against the same property. The foreclosure action will most probably wipe the lien clean, but you will be personally responsible for the money owed to the HOA. You need to see an attorney that can examine your situation and provide you with specific advise based on your facts. Good Luck.