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Can a board place a lien for violations

Started by IreneJ • 16 replies • 1702 views

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IreneJ (California)
Posts: 38
Posted:
I live in California and I thought that boards could only place liens on a unit for unpaid assessments, not for unpaid fines for violations? Can anyone confirm this?This person has never been late on their monthly dues but they have accrued $500 in fines for their garage door being open.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By IreneJ on 05/11/2013 1:20 PM
I live in California and I thought that boards could only place liens on a unit for unpaid assessments, not for unpaid fines for violations? Can anyone confirm this?This person has never been late on their monthly dues but they have accrued $500 in fines for their garage door being open.

In some states it is perfectly legal. I know here in Connecticut any unpaid amount (including fines, late fees, etc.) creates an automatic statutory lien, even with a greater priority than that of a mortgage lien.

Why don't they just close the garage door? It seems so simple to do.
GlenL (Ohio)
Posts: 5,491
Posted:
Irene you are correct that you can't lien for fines in CA. See the collecting fines page of davis-stirling.com:

http://www.davis-stirling.com/CollectingFines/tabid/3206/Default.aspx#axzz2T1cH3gwa
Studies show that 5 out of 4 people have problems with fractions
CarolR11 (Colorado)
Posts: 2,563
Posted:
Davis-stirling.com also is a valuable site for any of your additional CA HOA questions, Irene.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Irene

Please explain how the $500.00 in fines for an open garage door. It sounds to me a bit like a nitpicking association.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is a yes/no situation. Most states they can't lien or foreclose for fines. Plus they should have a fining schedule in place and defined if they do fine. Your member could fight this in court if it is found to be based on fines. A copy of how they filed this lien should be obtained.

The yes part here is they can lien if the HOA takes the steps to remove or fix the violation. If the HOA spends money to hire someone to close the garage door, they could lien for the money it cost them to hire that person. Plus they could charge the legal fees it cost to file the lien.

So it is a yes and no situation, depending on how they go about fining. Is it according to a list all the owners have in their rules or is it something the HOA spent money on to fix?
Former HOA President
CarolR11 (Colorado)
Posts: 2,563
Posted:
Irene, please do go to the site that Glen listed above for accurate info.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By GlenL on 05/11/2013 2:51 PM
Irene you are correct that you can't lien for fines in CA. See the collecting fines page of davis-stirling.com:

http://www.davis-stirling.com/CollectingFines/tabid/3206/Default.aspx#axzz2T1cH3gwa

I would like to point out that some unscrupulous Boards may apply assessment payments first to fines then to assessments. If this occurs, the member would be behind in assessments and that could be reason to lien.

I'm not saying it's the right thing to do.
I'm saying that the member should get a copy of his account with the Association to make sure that the assessment payments are being posted properly.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
This person has never been late on their monthly dues but they have accrued $500 in fines for their garage door being open.


Can I tell you how much I hate some home owner's associations? Open garage door? Give me a break.
NilaR (Kansas)
Posts: 49
Posted:
I just read a book talking about two incredible cases. One person was foreclosed on for a dog that weighed one pound too much. The other was foreclosed for underpaying her dues by .47 It's happening all across America. Fines are run up and then liens are attached, attorneys are hired, the legal battle runs into the $100,000.00 range and the property is foreclosed over total nonsense.

These types of behaviors are destroying lives and ruining the reputation of HOAs across America.

NDR
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A foreclosure/Lien STOPS when a debt owed is paid. Those cases you read about are a reflection of someone choosing to go to court to fight than just paying the debt. The .47 cent case would have been resolved if the owner had not literly made a federal case out of it. That is what gives HOA's a bad name.
Former HOA President
FredS7 (Arizona)
Posts: 927
Posted:
> I just read a book

Maybe there's a book and maybe there isn't, but if you don't know a title author and publisher it isn't real.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By NilaR on 05/12/2013 7:18 PM
I just read a book talking about two incredible cases. One person was foreclosed on for a dog that weighed one pound too much. The other was foreclosed for underpaying her dues by .47 It's happening all across America. Fines are run up and then liens are attached, attorneys are hired, the legal battle runs into the $100,000.00 range and the property is foreclosed over total nonsense.

These types of behaviors are destroying lives and ruining the reputation of HOAs across America.

NDR

Nila,

I agree with Fred.

If you can't give me the information I need to find the book myself, the information from "the book" is worthless.

Whenever someone tells me they've read such-and-such or that such-and-such is true, most of the time I will check it out for myself.
KellyS8 (Michigan)
Posts: 6
Posted:
Thats like me having my little dog on a lead line while I plant some flowers around my condo! "Someone" called the HOA and said my dog was tethered outside so I received a warning. For goodness sakes I was outside too! can I really get fined based on someone's word?
CarolR11 (Colorado)
Posts: 2,563
Posted:
I'm with Bruce & Fred, Nila, I don't believe that giving us the book's facts of publication breaks our posting rules. I, too, am skeptical of "facts" without proper citation of the source.
KellyS8 (Michigan)
Posts: 6
Posted:
harassing someone for .47 is not right either! just sayin.....
KellyS8 (Michigan)
Posts: 6
Posted:
people to mind there own business or at least be courteous enough to remind their neighbor to close their garage door it's really that simple!

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