Can a fine have a lien against it?

Started by BruceS3 • 2 replies • 1035 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BruceS3 (Florida)
Posts: 33

Posted:

I have a couple of questions.
We have a property which has been foreclosed on. The bank now owns it. However it has not paid the annual dues nor is it keeping up the grounds.
We have a member that wants to modify the rules so that if you do not keep the property up you will have to pay an ASSESMENT of $50. I told him we could not do that; it is not an assesment but a fine.
Under Florida law I had the impression we could not place a lien on someones property except for failure to pay annual dues and assesments. Fines were exempt and we would need to take them to small claims court to get the fines paid.
My questions are this:
1. Is the following statement effective or legal?
"The main thing that I am saying here, is that we should AMEND OUR COVENANTS AND RESTRICTIONS TO SAY THAT "ALL HOMEOWNERS MUST PAY A MONTHLY ASSESSMENT AMOUT OF $50.00 PER MONTH FOR MAINTENANCE. THIS FEE MAY BE WAIVED, ON A MONTHLY BASIS, IF HOMEOWNER PERFORMS MAINTENANCE ON THE PROPERTY BY THEIR OWN DIRECTION."

I say it is illegal to do this sort of thing.

2. Can we place a lien on someones property for fines?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Bruce,

From 720:305 (2) "A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.

Is your proposed amendment legal? If you properly obtain the required amount to amend any covenant, it probably would be legal ( I am not an attorney so seek legal advice) but I see major problems with your proposal.

#1, I highly doubt that this would pass by the members vote.
#2, You would need a very exact description of what is "proper maintenance" and no matter what you wrote, it would be always arguable by what constitutes proper maintenance in a dispute.

#3. This is actually an ACC or ARC issue. That committee is the body that should be monitoring landscape and parcel compliances. If they see landscape that does not meet the written standards for the parcel, they then send fine letters and follow the Statutes for enforcement.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Bruce,

Most CCRs have a provision giving the BOD the authority to perform the maint and bill the property owner. Check out your CCRs!

I doubt the BOD has the authority to impose an extra assessment on a member however they may have the authority to impose a fine. In this case the fine would be for a CCR violation of not maintaining his property. But, the power to fine must be stated in your CCRs and cannot be for more than stipulated there. Whether or not the BOD can place a lien for unpaid fines would be determined by FL HOA law.

Regarding your proposed amendment; I think it would require a lot of work on the part of the board. Each month it would have to be determined if the fine was due or should be waived for every property owner. Also, I doubt the members would approve such an amendment; I know I never would! You would be asking the members to agree to pay a fine for not maintaining their property w/o even knowing if it would be applicable to them. How ludricrous is that?

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here