[quote=vegasrenter]I heard from a dubious source that although non-payment of HOA dues will result in a lien on your property, the nuisance fines from the HOA fun police are not really enforceable, that you can ignore them and there’s nothing that the HOA can do about it. True/False? More complicated than that?[/quote]
More complicated than that. The Davis-Stirling Act (CA law about HOAs) states the following:
– HOAs can lien your property for non-payment of regular assessments, special assessments, late charges, cost of collection, attorneys fees, and reasonable fees.
– A monetary charge imposed by the association as a means of reimbursing the association for costs incurred by the association in the repair of damage to common areas and facilities for which the member or member’s guesta or tenants were responsible may be come a lien.
So technically, unless the penalty was for common area damage, the penalty cannot be the basis for the lien.
However, the association can still take you to small claims court and get a judgement against you.
