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Subject: Putting a lien on a home for a county ordinance
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Author Messages
DianaS6
(Washington)

Posts:1


01/10/2019 6:46 PM  
My dogs have gotten out three times, one digging underneath the fence, jumping over the fence. I have now remedied the situation with electric wire with a fence charger system. HOA is threatening to put a lien on my house if I do not pay some arbitrary fee that the board voted on to charge me for a county dog ordinance? How is this possible? I am not well liked in this HOA system because of my protest against their garbage dump across the road from me that is against CCR rules. So they want me to move and are trying anything possible to drive me out. I am 68 years old and live alone.
MelissaP1
(Alabama)

Posts:7813


01/10/2019 9:04 PM  
Question? Are you paying your dues? They can lien for you not paying dues. Typically they can not lien for fines. However, they can lien for this if they paid for the ordinance fee. Let's say the County has a fee they charge for violations. They charged the HOA for it. The HOA can then pass that fee onto you. If unpaid, they could then possibly lien you for it.

So need to find out if this is something that is fine or payment back for a debt that was paid.

Former HOA President
TimB4
(Virginia)

Posts:16091


01/11/2019 3:48 AM  
Diana,

I'd contact an attorney and have them write a letter on your behalf specifying that they don't have the authority to enforce county codes.
I would do this on principal. I wouldn't write the letter myself because that might be ignored. However, having it come from an attorney, shows I mean business.

That said, it's likely cheaper to pay the fine.


Note: It's also possible that the Board doesn't have the authority to "fine" unless it specifies they do within the covenants. Of course, it will likely take a court case to prove this point. There is a Court legal opinion in Virginia that spells it out.

Now the question would be are you being fined for violating the County ordinance or for violating the governing documents?

You need to pick your battles.

Hope this helps.

Tim
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Forums > Homeowner Association > HOA Discussions > Putting a lien on a home for a county ordinance



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