Assessments/Fines/Lien

Hey everyone....I'm looking for some clarification for a FL HOA. I understand a HOA can not file a lien for fines, however, if a homeowner is assessed fines and continues to ignore them, can the next assessment payment be applied to the fines and if so then the monthly assessment(s) are not paid in full which then could result in filing a lien??? Thank you!

BillG6,

I’m more than positive, that wouldn’t be an option, even though creative and rather cleaver. Although, here in Georgia you can file a lien for unpaid fines or assessments, which certainly does come in handy.

I‘m not exactly sure what can be done to those HO that DON’T pay their fines. Nor am I familiar with Florida law, like some who frequently post to this discussion forum.

Best of luck and keep us posted.

Chuck W.

Bill: Re Fining in Florida. Yes you can I suggest you get a copy of THE SELECT COMMITTEE OF THE FLORIDA LEGISLATURE SELECT COMM REPORT OF MARCH 4 2008 Go to page 9 and 10 your answer is in the report. I found pages 9 and 10 to be an eye opener. In addition get a copy of the new Bill concerning HOA'S in Florida Titled Florida Homeowners. I know when you first start reading it it reads like a law on Swimming Pools. But when you get further into it to be specific Page 14 and 15 it talks about fining people up to $100 per violation with an additional fine of $100 per day that the violation stays in existence. be very carefull reading Florida Law its funny it starts out talking about silly things then on page 10 to the end is the Real Meat and Potatoes. I firmly recommend that you get copies of this new law sitting on Sunshine Charlies Desk waiting to be signed into law. If smeone can convince him to stay in Florida and stop trying to be John McCains Vice Presidental pick.
Seriously get your HOA to Join CARN its a lobbying firm that your hoa will pay $150 a year to join they issue constant white papers on fl condo and HOA. Laws HOAS are covered by Fl St 720 as amended many amendments and Condos by FL State 718.
There are a bunch of laws out there waiting for Charlie to sign or veto.If I gave you the wrong data on CARN contact Donna Berger at Katzman and Korr Law Firm Web Site.
Good Luck if you cant get copies there email me and I will fwd them to you.
Hang in there better days are on the horizon.

Ok what is CARN?

Also, we are just about to form the "fining" committee, which the PM tells me needs to be made up of at lease three HOA members, not BOD members and not related to BOD memebers.

How have fining committees worked for others? My understanding is that in FL, we can fine up to $1000, on any one item, but we can not put a lien on the home for nonpayment.

So why would anyone pay?

Thanks
Pat

What about in the state of California???