In NE can we use nonpayment of fines

Does anyone know if we can use nonpayment of fines to place a lien on a conco unit in the State of NE?
I don't remember reading anywhere our docs or state laws that we can't use nonpayment of fnes to place a lien on a property, but I have read on this site where some states don't allow this.

Any help is appreciated.

Bonnie,

Since you checked the statutes, I won't.

Because you didn't find it being allowed or prohibited, I would advise to err on the side of caution and include the fines and costs of collection in the lien but base the placement of the lien on the amount of assessments only. This way, if the costs of collections, etc. are tossed by the court, there will still be enough to make the issue worthwhile.

The other option to be to ask your attorney.

You should be able to google this. Most state do NOT allow fines to be the basis for a lien. If they do, then there are more steps involved such as small claims court or fancy accounting. Your HOA does have to have a fining schedule in place above all else before fines can be addressed.

I would err on the side that it is not allowed. What is the situation for the cause of the fines? That plays into this as well.