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Benjamin L. Lipson | Attorney | Community Association Manager | Real Estate Broker

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Can Your Florida HOA or Condo Association Charge You for Its Attorney’s Letter?

Benjamin L. Lipson

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Sometimes, but the letter alone doesn’t establish that you owe the cost of sending it. The association needs authority to charge that expense to your account.

Suppose the association’s attorney sends you a letter about an unapproved alteration and demands $350 in legal fees. You correct the alteration, but the $350 remains on your next statement. Management refers you back to the letter, and the letter refers to the governing documents. Neither gives you much of an explanation.

Fixing the alteration addresses one issue. Understanding the charge requires knowing what the attorney did and what makes that expense your responsibility.

Before debating whether $350 is reasonable, find out what it covers. Is it for reviewing the alteration and preparing the letter? Does it include earlier work? Is it connected to an unrelated collection matter? A ledger entry reading “legal fees” doesn’t answer those questions.

The length of the letter doesn’t tell you everything, either. A one-page letter may follow a review of documents, photographs, and correspondence. But knowing what the association owes its attorney still doesn’t establish what it can charge you.

If the attorney was collecting unpaid assessments, Florida law expressly addresses reasonable collection attorney’s fees. A lawsuit isn’t always necessary before those fees can become an owner’s responsibility. There is, however, an earlier notice requirement.

Under the condominium notice rule and the HOA notice rule, the association must first provide a notice of late assessment identifying the amount owed and an opportunity to pay without attorney’s fees. The statutory notice provides 30 days from the date of the letter. It must be sent by first-class USPS mail to the owner’s last address in the association’s records, and also to the home or unit address if different.

That means the first law firm letter may be only part of the record. An earlier notice might already have been sent on the association’s behalf. An ordinary overdue email or account statement doesn’t necessarily satisfy the notice requirement.

For a violation letter, the explanation needs to address that violation. The assessment collection rules don’t supply general authority for every legal charge an association might impose.

Read the actual provision being cited. A clause addressing enforcement expenses before litigation raises a different question from one awarding fees to the successful party in a lawsuit. Both Florida’s condominium enforcement statute and HOA enforcement statute provide for prevailing-party fees in specified proceedings. Sending a demand letter doesn’t establish that the association has prevailed in such a proceeding.

An HOA using the statutory fine and suspension process also has specific fee restrictions, including limits concerning board actions before the fine’s payment date and when fees may begin accruing. Any governing-document provision must be read alongside the law governing the charge.

A board-approved fee schedule may explain where the $350 figure came from. The association’s agreement with its attorney may explain the bill. The association still needs to identify what authorizes charging that amount to the owner.

For the owner trying to understand the balance, the request can stay focused: what work does the charge cover, which provision authorizes it, and how was the amount calculated? Relevant supporting records may be available through the applicable official-records process, subject to statutory exclusions.

Keep the letter, attachments, earlier notices, statements, and payment confirmations together. If the association confirms that the alteration is resolved but the legal charge remains, the remaining explanation should address that charge specifically.

Sources reviewed: October 23, 2026.







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