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Subject: Fines
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Author Messages


05/18/2006 1:30 PM  
I am on the ARB in my community and we are having alot of problems with homeowners who are not keeping their homes up. Out of 278 homes 200 letters went out to fix problems on the homes.
What can be done legally to a homeowner who does not fix the home, ignores the letters and does not pay the fines? The HOA is in Florida. We have a new Office Manager who does not know the laws. Our board is not strong.


05/19/2006 5:27 AM  
We're in Virginia. Our HOA has a prof MC and an attorney. Once we access them $10 for 90 days, we CAN lien the property. In addition, during this process, we can provide remedy (fix the problem ourselves by hiring a contractor) and add the costs to the Lien. Bottom Line - Get a good HOA attorney.


05/19/2006 6:38 AM  
Thanks Mike for the info. We do need a GOOD Atty. Does anyone know a Good Atty for Palm Beach County Florida?


05/19/2006 6:55 AM  
Our association is in Georgia. Under our covenants and by-laws, we follow a system of a letter, 2nd notice, and a fine. We fine $25/day until the problem is resolved. Our covenants also allow for 'self help' in which we take care of the problem and assign the cost to the property. We have had to do this with vacant houses under bankruptcy, etc. A lien can be filed for any costs and fines. I would definitely have an association attorney on retainer.

Additionally, if you sent someone to the property for repairs, there may be some type of trespassing violation. If the fines and liens do solve the problem, then check with the attorney.


05/20/2006 7:26 AM  
Patty, do you periodically educate the owners in advance? I have found this significantly reduces violations.

Here are procedures to consider(lien and forclosure depends on your Declaration and possibly Florida laws):
1) Get a good managing Agent (or an attorney) who can assist the Board. Specifically to establish Rules and Regulations on a)Enforcement of Covenant and Rules and b)Delinquent Assessments.
2) Distribute these to all owners.
3) Periodically remind owners on Covenant compliance.
4) Provide proper notice on any confirmed violation. (my example R&R on Enforcement of Covenants and Rules has elements which should be included in the notice)
5) Have a proper Hearing on each violation not corrected by a reasonable deadline.
6) After a Hearing if the owner is found to be in violation a fine is assessed.
7) After an established number of notices and esculating fines, if the violation is still not corrected get a court order to correct the violation. (Attorney used)
8) Have a contractor effect repairs with the police accompanying when they enter the property.
9) Assess the owner for all costs involved.
10) If this results in delinquent assessments follow the Rules and Regs on Delinquent Assessments including filing a lien and if necessary hiring an attorney to garnish wages and ultimately foreclose on the property.

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