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JudyZ (Florida)
Posts: 23
Posted:
We are community of 440 single family houses. We are proud of the fact that we do enforce our covenants (as best we can) and we also enforce the Architectural Review of Covenants Committee. For the most part, our residents are great......BUT,

I know that if a resident does not pay his dues we can file a lien; however, I have an empty house, the owners do pay their dues, they come over and cut the grass and trim the shrubs in the front, but it is as though they don't know they have yards on each side of the house and a back yard. Last year, after proper notification to the owner, our HOA spent $500 to get this yard into compliance with the covenants. According to our covenants we can charge a 35% surcharge for doing this work, so this brought the bill up to $675.00. They have made no payments on this. And surprise, surprise...the shrubs have grown and the palm trees need trimming. I have another estimate of $600 to do the clean-up.

What sort of assessment can I levy against these homeowners? I would like to get some of the money back before I spend more.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You can lien for this as well. The HOa doing the work for the owner can qualify for lien. However, only after the owner refuses and proper notification with timeline is given.

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Prior to the meeting where the Board will decide to lien, I like to send a letter to the member inviting them to the Board meeting. They are not required to attend but it gives them notice that the Board will be looking at escalating collection efforts. This letter has been very successful for us in having the member pay late assessments prior to it being turned over to the attorney.

JudyZ (Florida)
Posts: 23
Posted:
Melissa: Thank you for your reply. Sounds good to me. I hope it is allowable under Florida law.
JudyZ (Florida)
Posts: 23
Posted:
Tim: Thanks for your reply. I hope it is allowable under Florida law.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Judy, do check your laws. In some states, the notification that Tim suggests is required. Her, the owner must be notified by US mail 10 days before the hearing at which the board decides what action to take on the matter.

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