BenP1 (South Carolina)
Posts: 5
Posts: 5
Posted:
IF A FINE(S) ARE LEVIED AND RULES SAY FINE IS MAXED AT $1500 FOR INSTANCE, LEIN IS PLACED IF UNPAID, CAN YHE SAME FINE BE LEVIED A SECOND TIME?
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RULE INFRINGEMENT FINE
Started by BenP1 • 10 replies • 470 views
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GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
That would depend on the wording of the governing documents, the fining procedure, and maybe the state's statutes. In general, I think the answer is probably "yes", they can continue to fine if the violation is not fixed. That's so chronic violators don't just do what they want and consider fines to be a cost of doing business in cases where the fine is "one and done".
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
I'm in S.C and our governing docs explicitly states we can keep on fining for exactly the reason Geno states. I have no idea it it's ever been challenged in court.
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
Ben,
Why all caps?
Why all caps?
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
I am in SC and our fining schedule says we can keep fining and double the fine if the violation keeps happening. Also even if fixed but occurs again, we consider it a 2nd violation.
When does the fine double can be flexible meaning the owner is generally given a period of time to correct the violation. In some case such a trash barrel left out week after week (weekly collection) the time is one week. No decision needed on that one.
We have one going on for a non-conforming structure. We gave the owner 30 days to remove. We are doubling the fine every 30 days. $25 to $50 to $100 to $200 etc.
The OPS's $1,500 fine is very stiff but an association can set its own fining schedule but they also must publish the schedule. Fines cannot be capricious.
When does the fine double can be flexible meaning the owner is generally given a period of time to correct the violation. In some case such a trash barrel left out week after week (weekly collection) the time is one week. No decision needed on that one.
We have one going on for a non-conforming structure. We gave the owner 30 days to remove. We are doubling the fine every 30 days. $25 to $50 to $100 to $200 etc.
The OPS's $1,500 fine is very stiff but an association can set its own fining schedule but they also must publish the schedule. Fines cannot be capricious.
BenP1 (South Carolina)
Posts: 5
Posts: 5
Posted:
THX FOR ANSWER. IF IT GOES TO COURT AND LEIN APPLIED, DOES THAT CHANGE YOUR THOUGHTS?
BenP1 (South Carolina)
Posts: 5
Posts: 5
Posted:
SORRY, HAD A STROKE, TYPE W 1 HAND-POORLY
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By BenP1 on 12/16/2019 12:25 PM
THX FOR ANSWER. IF IT GOES TO COURT AND LEIN APPLIED, DOES THAT CHANGE YOUR THOUGHTS?
THX FOR ANSWER. IF IT GOES TO COURT AND LEIN APPLIED, DOES THAT CHANGE YOUR THOUGHTS?
No. How and why should it? If a Lien is filed and disputed, Magistrates Court (where liens are filed) is not going to rule on what the fine was for. That is not the purpose of Magistrates Court.
What is the issue over?
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
Ben,
Under the circumstances, sorry for the caps question!
Under the circumstances, sorry for the caps question!
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Fines can't be the basis of liens in most cases unless the HOA spent money if fixing the violation. Let's they say need to paint your house. You do not do it. The HOA can paint your house and send you a bill. Not pay it, then it can lien. However, if it's punitive nature for rule violation it will depend on your state.
So find out if they allow lien for fines in your state. Otherwise you need to ask a lawyer.
So find out if they allow lien for fines in your state. Otherwise you need to ask a lawyer.
Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Mel
The OP is in SC and in SC, association fines can be the basis of a lien.
SC attorneys generally agree that fines cannot constitute a foreclosure (not tested in court), but in the case of a foreclosure for unpaid dues (allowed), some advise the unpaid fines can be added to the amount the association is owed. Hope we never get to that point.
The OP is in SC and in SC, association fines can be the basis of a lien.
SC attorneys generally agree that fines cannot constitute a foreclosure (not tested in court), but in the case of a foreclosure for unpaid dues (allowed), some advise the unpaid fines can be added to the amount the association is owed. Hope we never get to that point.
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