Quote:
Posted By MaryA1 on 07/13/2009 1:59 PM
Robert,
Please read ARS 33-1807, subsection A: "The assn has a lien for fees, charges, late charges, other than charges for late payment of assessments, monetary penalties or interest charged pursuant to section 33-1803 after the entry of a judgment in a civil suit for those fees, charges, late charges, monetary penalties or interest from a court of competent jurisdiction and the recording of that judgment in the office of the County recorder as otherwise provided by law. The assn's lien for monies other than for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasoable attorney fees and costs incurred with repect to those assessments may not be foreclosed and is effective only on conveyance of my interest in the real property." It's quite cumbersome but note that it does say "monetary penalties" (fines).
I think I found what I had heard. The end result is about the same as you say, but for fines there is a big hurdle to jump through to get the lien.
From Jackson White Law, an HOA attorney -
"Lawmakers also took great care in distinguishing liens and foreclosure actions for unpaid assessments from liens and foreclosure action for unpaid fines.
Unlike assessment liens, an association cannot record a lien for unpaid fines until it first sues the homeowner in court and wins. This means any “lien” on a homeowner’s property for unpaid fines without proper court authority may be a “false document” in a violation of Arizona’s false recording laws. It also means the individual director and/or the association responsible for its recording may be liable for statutory damages of at least $5,000.
Importantly, unlike assessment liens, an association cannot evict a homeowner for fine liens. Thus, even if a homeowner is sued for fines and the association wins, the association still cannot foreclose on those fines until the home is sold or the title is transferred."