Collecting Fines without a Lien

Started by JeanneK3 • 11 replies • 2260 views

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JeanneK3 (Maryland)
Posts: 562

Posted:

Hi:
My condominium association is revising bylaws and in our current bylaws we can foreclose only for unpaid assessments. The bylaws do state that we can fine for rules violations but the question is how can we collect these fines? Filing a lien for unpaid fines is illegal in several states. How do the associations in those states collect unpaid fines? Can you suggest ways to collect fines short of filing a lien?
Thanks.
Jeanne

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By JeanneK3 on 06/26/2010 7:18 AM
Hi:
My condominium association is revising bylaws and in our current bylaws we can foreclose only for unpaid assessments. The bylaws do state that we can fine for rules violations but the question is how can we collect these fines? Filing a lien for unpaid fines is illegal in several states. How do the associations in those states collect unpaid fines? Can you suggest ways to collect fines short of filing a lien?
Thanks.
Jeanne

Small claims.

JeanneK3 (Maryland)
Posts: 562

Posted:

Thanks Michelle. Does anyone ever use bill collectors? Jeanne

JonD1
Posts: 2,350

Posted:

Michelle:

Just a few questions please.

Who files the claim? Can it be filed in the Board's name or does a member of the Board need to file representing the Board?

Not sure if in NY the court would allow an association to file. Plus the people in the courthouse are unwilling to answer ANY questions.

Of the claims you have made have they been successful? After the effrot has it been worth it?

Not sure again if in NY the courts have the knowledge and understanding needed to rule on such matters. MANY lack any real understanding nor are they willing to take the time to actually read the documents of the property.

One judge issed a TRO against our Board from changing our by-laws before a future court date. Any changes would require a vote of the unit owner and we have NEVER changed them in 28 YEARS. But this judge thought it was important to prevent something that has never and would not have taken place. Pkus our attorney had to file in court explaining why this order was unecessary and unwarranted after that and a few hundred dollarts down the drain he revoked his own order. Just wonderful.

GlenL (Ohio)
Posts: 5,491

Posted:

Jon it depends on the State. We went the SC route which I filed for the Association as VP at the time. We got a judgment which was promptly overturned because the legal entity that is the HOA corporation needed to be represented by an attorney; which kind of defeats the whole purpose of SC. This would be a question for the HOA attorney.

Studies show that 5 out of 4 people have problems with fractions

JonD1
Posts: 2,350

Posted:

Thanks Glen that was sort of what I was afraid of.

Here in NY IMO the courts operate all backwards and make this sort of action as difficult and costly as possible.

Lawyers need to handle many matters so they get their cut of the process. That's how the system works.

And of course even if members of the Board were able to file such a suit then you would need to spend your days on your time trying to collect money owed the association.

Not sure I want to give even more of my time sitting in court having my blood pressure going up.

I will ask our attorney IF he knows the answer.

Thank you..........

MicheleD (Kentucky)
Posts: 4,491

Posted:

We (the officers) file both as representatives of the HOA and as individual members of the HOA, which we are, though our docs allow for non-member directors, we have not had any since turnover.

We have received judgments and in one case garnished wages, in another case the fines were paid.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Was it worth it?

Yes. Because now the precedent has been sent and the grapevine is loaded with just how meanie we are.

JonD1
Posts: 2,350

Posted:

Thanks Michelle and Glen for the information.

I understand how the owners would fail to see your responsibility to collect fees owed. And how that would set you up as some sort of meanie. How dare you force me to pay what I owe!

I certainly have that image already with enforcing rules, making diffcult decisions that they neither understand or could ever comprehend.

Even with this dicusssion an attempt to save the property legal costs in collections.

Thnaks and good luck to both of you.

JohnM3 (Florida)
Posts: 288

Posted:

Dear Jeannie: In florida we have recently twisted the arm of Turn Coat Charlie and got him to sign a massive change to Chapter 718 Condo and Chapter 720 HOA's that now allows us no matter what your docs state by state law we can fine people $100 a shot. How ever you annot lien until it gets to $1000 dollars then you can lien the property. We decided thats the way to go......first time we got anything of substance from the Governator since he got into office......what I suggested was $100 a day per violation when it gets to 10 days we then lien the member....across the entire state

MicheleD (Kentucky)
Posts: 4,491

Posted:

John, with all due respect, this is an HOA board and not a political board.

I don't know the governor of Florida, or any other state besides my own. And I can understand how people can be very passionate or have strong feelings regarding their political leaders or parties.

But there may be quite a few people reading this board who do respect our elected officials.

I would like to respectfully request that you refrain from denigrating them in casual or throw-away references that don't add anything to the conversation other than hyperbole and polarization.

It sours the well.

SureshD
Posts: 268

Posted:

JohnM3,

Could you please post a link to the "fining regarless of HOA docs., (or similar) you spoke of regarding Florida 720?

The only change regarding the fining issue we were briefed on by our Attny. is:
"Fines of less than $1,000 cannot become a lien."

Maybe you were referencing 718?

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