Association lost case should have towed instead of fining

Started by BarbaraD6 • 8 replies • 1381 views

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BarbaraD6 (Florida)
Posts: 347

Posted:

I read about an Association that lost the court case due to fining instead of towing. I may have read it on the home page of HOAtalk or its in one of the many threads.

Does anyone know where I can find it?

thanks in advance
Barbara

TimB4 (Tennessee)
Posts: 21,059

Posted:

I recall the article but didn't book mark it. If I recall correctly, the issue was the wording in the governing documents required towing vs. fining. The argument was made that had the Association followed it's own rules, the cost to the member would have been less. Therefore, the argument continued, that the Association was fining only to raise income and not enforce the covenants - otherwise they would have towed the vehicle as the covenants required.

BarbaraD6 (Florida)
Posts: 347

Posted:

Tim,

Yes, that was it. If you remember where we read that please let me know.

thanks again
Barbara

TimB4 (Tennessee)
Posts: 21,059

Posted:

HOATalk had it as a daily news headline/link. I went back an looked at "all news". There were 15 pages worth but I could not find the exact article. I either missed it or it was on an earlier date then the site keeps.

Tim

GlenL (Ohio)
Posts: 5,491

Posted:

It was actually one of the threads posted here within the past several months. Just keep clicking on the pages and read the listings, it should jump out at you.

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BarbaraD6 (Florida)
Posts: 347

Posted:

Thanks Glen

Barbara

LoriL1 (Florida)
Posts: 78

Posted:

Barbara,

If you haven't found what you're looking for yet, try searching for this:

Subject: Arizona resident sues HOA over fines...and wins!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Using Lori's search suggestion, here is the link to:

HOAtalk forum thread

There was a newspaper article about it as well. However, I still could not find that article.

BarbaraD6 (Florida)
Posts: 347

Posted:

Tim and Lori,

Thank you for finding it!

Barbara

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