This is one question that a Jacksonville Foreclosure Lawyer has been hearing much more often lately. There is no direct rule answering this question so the short answer is, it depends.
Typically, when a homeowner is facing a foreclosure from their lender, the lender joins the homeowner's association as a Defendant in the foreclosure suit in order to join all interested parties. The HOA will usually file a brief answer asserting their limited interest in the property. Then, a few weeks later, the homeowner will receive a bill from the HOA for a couple hundred dollars for the money the HOA had to pay an attorney to file that answer.
Florida law allows an HOA to recover for their attorney's fees when they are collecting past due HOA fees and costs, answering a foreclosure lawsuit obviously does not fall within that circumstance. Unless the HOA contemplated the current foreclosure crisis and included a provision in its bylaws allowing for the recovery of attorney's fees, it may not be able to collect for attorney's fees.
If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Defense Lawyer today for a free consultation to determine what foreclosure defense options may be available to you.
