HOA Fines

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Latest post Sat, Jul 7 2007 12:45 PM by John611. 5 replies.
  • Fri, Jul 6 2007 1:18 PM

    • John611
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    • Joined on Fri, Jul 6 2007
    • Posts 3

    HOA Fines

    Can HOA's fine homeowner's that do not follow the bylaws? Is there a set amount they can fine them? What happens if the homeowner does not pay the fine or if he harasses the board memebers?
  • Fri, Jul 6 2007 1:29 PM In reply to

    re: HOA Fines

    "Can HOA's fine homeowner's that do not follow the bylaws?"

    Sure.

    "Is there a set amount they can fine them?"

    I doubt there's a statutory limit, though you're always free to fight them in court over what's considered onerous/burdensome/unjust enrichment or the like.

    "What happens if the homeowner does not pay the fine or if he harasses the board memebers?"

    Presumably as to the former the HOA can put a lien on the property, file suit, etc.; as to the latter, they can always file suit for that as well, seek a restraining order, etc.


  • Fri, Jul 6 2007 2:09 PM In reply to

    • John611
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    • Joined on Fri, Jul 6 2007
    • Posts 3

    Feedback [*=*] re: HOA Fines

    Thanks for your reply. I'm hoping a lawyer or another Board Member of an HOA can give me advise. I know we can fine him but need to know if a lawyer is needed to impose the fine or put a lien on his home. Not something I really want to do. We just want him to be respectful of other folks in our small community.
    Thanks again!
  • Fri, Jul 6 2007 6:00 PM In reply to

    News [|*|] re: HOA Fines

    I don't know of what instance you are referring to but in my HOA here in Florida, they put a LIEN FOR FORCLOSURE on my condo for being LATE on a hurricane assessment. The assessment was paid in increments but that wasn't good enough for them. They have attorneys who took their money from the assessment, thus leaving me OWING the assessment, put on the foreclosure and it cost me over four thousand dollars to get it removed.


    These people are bullies. There was NO REASON for this to be done. I came up with the money and the repairs are still not done from WILMA in 2005. I am not a wealthy retiree either.
  • Fri, Jul 6 2007 6:30 PM In reply to

    • anon3
    • Top 100 Contributor
    • Joined on Wed, Mar 15 2000
    • Posts 528

    re: HOA Fines

    Can HOA's fine homeowner's that do not follow the bylaws?
    Whether your HOA Board can fine anyone for ANY reason depends on what your CCR's say. You don't fine for violation of the bylaws--only CCR's. You need to read your CCR's.

    Is there a set amount they can fine them?

    Some associations do not permit any fines for violations of ccr's, most limit them in some way, either monetarily or only after several notices.
    (In our hoa a fine is imposed only after a third notice, but is often waived after correction is made.
    You want compliance, not punishment.)

    What happens if the homeowner does not pay the fine?
    Usually the hoa tries to collect when the house is sold. Sometimes they are sent to a collection agency. You might determine an amount at which fines are sent to collections--perhaps $500 or more. Depending on your state law, fines may not be legally collectable.

    There is no state that I know of in which hoa boards can lien for fines. You can lien for assessments, _NOT_ fines.

    or if he harasses the board members?

    How is he harassing? Does it meet the level of police action? IF so, the board member(s) can file a police report. That is not a fineable offence.

    I'm hoping a lawyer or another Board Member of an HOA can give me advise. I know we can fine him but need to know if a lawyer is needed to impose the fine or put a lien on his home.

    Again, whether you can fine him for a FINEABLE offence depends on your CCR's. No, a lawyer is NOT needed to impose a fine, as long as your documents permit fines. Being disrespectful is NOT an hoa board fineable offence. Examples of fineable offences would be excessive oil stained driveway, failure to maintain lawns, improperly stored trash cans, etc, any violation of ccr's.

    You should have a "non compliance" list that enumerates the most frequently cited breaches, and what the fines are: In ours, the third notice gets a $15.00 fine, the fourth is $25.00.

    You simply send a letter telling what CCR was breached, and what to do when it's corrected--contact the appropriate board member/person to have it looked at, and maybe waive the fine. Our inspector drives our hoa 2x a month.
    If the problem is not corrected, there may be two letters a month sent, and the fines continue to grow. Then, at the determined amount at which fines are sent to collections--perhaps $500 or more, you send it to your collection agency. Remember, depending on your state law, fines may not be legally collectable.

    We just want him to be respectful of other folks in our small community.
    Being disrespecful is not a fineable offence--maybe parking on the yard, rather than driveway, is.

    You might want to post your questions to both the American Homeowners Resource Center at http://www.ahrc.com/new/index.php/src/news
    they have several fora with more knowledgable people that can help, or
    HOATalk.com, a forum for association boards/




  • Sat, Jul 7 2007 12:45 PM In reply to

    • John611
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    • Joined on Fri, Jul 6 2007
    • Posts 3

    Ok [+0+] re: HOA Fines

    Thank you for your reply. I'll check over the web sites you gave me.
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