Can You Place A Lien For

First let me say that you folks seem to be a good bunch. My experience has been that for the most part the HOA people in my community are trying to do the right thing but don't always get right how much spit to put in the mix. They upset a lot of people. For example, guy got letter for putting his trash can out to early. That kind of thing.

But here is my question.

When can a lien be placed other than failing to pay dues? If the front of property is not being cared for? If the landscaping is not being cared for? If sidewalks are not clean but black. If debris is scattered across front yard, if front of house is filthy? How would one go about the process of filing a lien. Do you first send letter to homeowner, then fix the problem yourself and assess fee for service? Tell me the process here in Florida. And am I asking to much if I expect the front of homes to look presentable? Or should I just chill. Everyone in my community just put on blinders. I don't see why it is asking a lot to expect the lawn to be watered and large weeds to be removed, yard to be edged, sidewalks to be cleaned.

Help me understand this. I tried to find it on internet. Nothing. Thanks.

Hi Paul:

Thank you! … We are just owners just as yourself here to help each other based on our various knowledge and experiences.

Here is a link for FL Statutes:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720ContentsIndex.html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20720

This section describes assessments:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.308.html

720.308 Assessments and charges.—

This section describes the lien process for HOA’s (which I have gathered you are HOA when you mentioned front yard which you would not have in a condo):

720.3085 Payment for assessments; lien claims.—
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.3085.html

This gives you a starting point. I have not looked in depth myself; however, general rule in many states is you can lien for many items but many states you cannot foreclose for fines only for assessments. Many of the items you describe would be fines.

One thought is to raise the amount of fines (making sure they follow state statutes). If a fine is minor then individuals are more willing to not follow the CCR. If the fine is high they tend to think twice about not following the rules.

According to the following you cannot fine unless you have a 3 member committee hearing. And if so you can fine $100 per day per violation up to $1000. Once it hits $1000 you can lien.

Can a letter be sent to request correction of violation and explain that if not then fine of $100 per day will be imposed up to $1000 and once at $1000 a lien will be filed? Even though a committee does not exist.

''The association may levy reasonable fines of up to $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may be levied for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to reasonable attorney’s fees and costs from the nonprevailing party as determined by the court.
(a) An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association.
(b) A fine or suspension may not be imposed without at least 14 days’ notice to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. If the association imposes a fine or suspension, the association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any tenant, licensee, or invitee of the parcel owner.''

Fortunately, Florida does allow foreclosure on fines.

What about what Melissa said? I see where that is possible in our bylaws but I don't see it in Florida statutes.

We have a homeowner. Does not take care of lawn or front of house. All houses surrounded his are well taken care of. His sticks out like a sore thumb. Can I have say the edging done, bill him for it. If he fails to pay it can I lien? I don't want to resod his entire property. I would like to do just enough to place a lien.

I know many disagree with the whole idea of a HOA able to enter one's property to fix a violation. However, in some situations you must keep in mind your property around your homes ARE HOA property and NOT the individual homeowners. In our HOA, you owed the lot and the house it sat on. The lot was basically the size of your house. That meant that all other grassy areas were considered "Common area" and thus owned by ALL the members/HOA. If the HOA owned it they were responsible for it. This is how it allowed us to have the ONLY responsibility we had. That was providing lawncare. If the area wasn't "common area" then we could not provide lawncare due to the trespassing issue. Thus this made it so the HOA could indeed enter one's "property" and do the work required.

The HOA was also responsible for the outside appearances of the homes to keep them in within conformity. This meant the HOA could regulate things such as paint colors, use of types of siding,maintenace conditions, or even the color of shades in one's window's facing the road. (Crazy last rule but it existed!)The INSIDE of the homes were completely the owner's responsibility including utilities and cable.

It is because of the HOA involvement and responsibility of maintaining the lawncare/common area and conformity of the outside appearances, we could indeed enter one's "Property" to fix violations. Once we spent money on fixing that violation AFTER a vote of the board/ACC, we could then lien the owner for the work IF they refused to pay.

Now NOT all HOA's are set up this way. It is a surprise for some to find out when their HOA is. I've had many potential buyers want to back out when they found out the HOA owned the land around their homes. It isn't like it was much land because there was 107 homes on a less than a mile patch of land. The yards were basically the size of two parked cars. We did allow "Exclusive use" for some patches of the land. This allowed people to use their backyards and some frontal to plant flowers and such. So it wasn't that restricting. I think it gets more complicated with those homes with more land and ownership issues.

I'd recommend finding out the common area of your HOA and what it entails with owner responsibility and HOA. Sorry if it's shocking to find out the HOA can indeed enter your area without being considered trespassing. It's not an easy pill to swallow for some...

Have you or anyone else approached the homeowner about the condition of his property maybe they have health issues would be nice to offer some assisstance before you file a lein. There again beauty is in the beholders eye ! One mans trash is another mans treasure I'm sure you get the idea.

All the more reason to lend a hand you might need one sometime.