Condo Association Refuses to Lift Lien Against Formerly Delinquent Owner

D.M. from Dade County, Florida writes:

Dear Mister Condo,

I did a settlement with my Condo Association back in 2012 for maintenance fees, late fees, lien fees and lawyer fees. I paid the full settlement plus 600 dollars extra on the final payment as of this date they refuse to remove the liens off the units. What is my recourse to resolving this matter?

Mister Condo replies:

D.M., I am sorry you found yourself at odds with your condo association over arrears in common fees and more. From what you have told me, you made good on all of the debt. Please keep in mind that I am not an attorney so I offer no legal advice in this column. I am not sure why you would have paid an extra $600 on top of what was owed but I am guessing you were probably trying to demonstrate that you didn’t plan on ending up in arrears again. Did you use an attorney during any of this process? I am sure the association used their attorney to place the lien(s) on your unit as the placing and releasing of a lien is a legal process that goes through the Courts. My advice would be for you to hire an attorney to get the lien(s) released. It is very possible that there was simply an oversight in the release of the lien but you hiring an attorney will signal the association (and their attorney) that you are serious about having the lien removed. It is usually as simple as the party who placed the lien explaining to the Courts that the lien has been satisfied and should be removed. However, the Courts won’t do this on their own so your association or their attorney will have to file the appropriate paperwork to have the lien released.