HOA dues vs fines: lien authority

[svelte]

[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.

Ball’s in your court.

[Nor-LA-SD-guy]

Thanks Svelte,

I still think HOA’s are a waste of time and money, nothing they are offering that the city could not do a better job at (in most cases these day’s anyway).

[Nor-LA-SD-guy]

Thanks Svelte,

I still think HOA’s are a waste of time and money, nothing they are offering that the city could not do a better job at (in most cases these day’s anyway).

[Nor-LA-SD-guy]

Thanks Svelte,

I still think HOA’s are a waste of time and money, nothing they are offering that the city could not do a better job at (in most cases these day’s anyway).

[Nor-LA-SD-guy]

Thanks Svelte,

I still think HOA’s are a waste of time and money, nothing they are offering that the city could not do a better job at (in most cases these day’s anyway).

[Nor-LA-SD-guy]

Thanks Svelte,

I still think HOA’s are a waste of time and money, nothing they are offering that the city could not do a better job at (in most cases these day’s anyway).

[davelj]

Here’s a question regarding HOAs.

Let’s say you’ve got an owner who is delinquent on his HOA dues. Let’s further assume that the complex has underground parking and the spaces are tied to the various units from an ownership standpoint.

Why couldn’t you put a boot on the non-dues paying homeowner’s car under the logic that in order for his car to get into and out of the parking garage he has to pass over “common area” (the space in the garage that is not comprised of parking spaces) and as a non-dues paying homeowner he doesn’t have access to such common area?

Just curious as to why this isn’t a viable alternative in forcing people to meet their HOA obligations.

[davelj]

Here’s a question regarding HOAs.

Let’s say you’ve got an owner who is delinquent on his HOA dues. Let’s further assume that the complex has underground parking and the spaces are tied to the various units from an ownership standpoint.

Why couldn’t you put a boot on the non-dues paying homeowner’s car under the logic that in order for his car to get into and out of the parking garage he has to pass over “common area” (the space in the garage that is not comprised of parking spaces) and as a non-dues paying homeowner he doesn’t have access to such common area?

Just curious as to why this isn’t a viable alternative in forcing people to meet their HOA obligations.

[davelj]

Here’s a question regarding HOAs.

Let’s say you’ve got an owner who is delinquent on his HOA dues. Let’s further assume that the complex has underground parking and the spaces are tied to the various units from an ownership standpoint.

Why couldn’t you put a boot on the non-dues paying homeowner’s car under the logic that in order for his car to get into and out of the parking garage he has to pass over “common area” (the space in the garage that is not comprised of parking spaces) and as a non-dues paying homeowner he doesn’t have access to such common area?

Just curious as to why this isn’t a viable alternative in forcing people to meet their HOA obligations.

[davelj]

Here’s a question regarding HOAs.

Let’s say you’ve got an owner who is delinquent on his HOA dues. Let’s further assume that the complex has underground parking and the spaces are tied to the various units from an ownership standpoint.

Why couldn’t you put a boot on the non-dues paying homeowner’s car under the logic that in order for his car to get into and out of the parking garage he has to pass over “common area” (the space in the garage that is not comprised of parking spaces) and as a non-dues paying homeowner he doesn’t have access to such common area?

Just curious as to why this isn’t a viable alternative in forcing people to meet their HOA obligations.

[davelj]

Here’s a question regarding HOAs.

Let’s say you’ve got an owner who is delinquent on his HOA dues. Let’s further assume that the complex has underground parking and the spaces are tied to the various units from an ownership standpoint.

Why couldn’t you put a boot on the non-dues paying homeowner’s car under the logic that in order for his car to get into and out of the parking garage he has to pass over “common area” (the space in the garage that is not comprised of parking spaces) and as a non-dues paying homeowner he doesn’t have access to such common area?

Just curious as to why this isn’t a viable alternative in forcing people to meet their HOA obligations.

[svelte]

[quote=davelj]Why couldn’t you put a boot on the non-dues paying homeowner’s car under the logic that in order for his car to get into and out of the parking garage he has to pass over “common area” (the space in the garage that is not comprised of parking spaces) and as a non-dues paying homeowner he doesn’t have access to such common area?
[/quote]

Civil Code §1361.5. Association Cannot Deny Owner Access

Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may not deny an owner or occupant physical access to his or her separate interest, either by restricting access through the common areas to the owner’s separate interest, or by restricting access solely to the owner’s separate interest.

[svelte]

[quote=davelj]Why couldn’t you put a boot on the non-dues paying homeowner’s car under the logic that in order for his car to get into and out of the parking garage he has to pass over “common area” (the space in the garage that is not comprised of parking spaces) and as a non-dues paying homeowner he doesn’t have access to such common area?
[/quote]

Civil Code §1361.5. Association Cannot Deny Owner Access

Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may not deny an owner or occupant physical access to his or her separate interest, either by restricting access through the common areas to the owner’s separate interest, or by restricting access solely to the owner’s separate interest.

[svelte]

[quote=davelj]Why couldn’t you put a boot on the non-dues paying homeowner’s car under the logic that in order for his car to get into and out of the parking garage he has to pass over “common area” (the space in the garage that is not comprised of parking spaces) and as a non-dues paying homeowner he doesn’t have access to such common area?
[/quote]

Civil Code §1361.5. Association Cannot Deny Owner Access

Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may not deny an owner or occupant physical access to his or her separate interest, either by restricting access through the common areas to the owner’s separate interest, or by restricting access solely to the owner’s separate interest.

[svelte]

[quote=davelj]Why couldn’t you put a boot on the non-dues paying homeowner’s car under the logic that in order for his car to get into and out of the parking garage he has to pass over “common area” (the space in the garage that is not comprised of parking spaces) and as a non-dues paying homeowner he doesn’t have access to such common area?
[/quote]

Civil Code §1361.5. Association Cannot Deny Owner Access

Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may not deny an owner or occupant physical access to his or her separate interest, either by restricting access through the common areas to the owner’s separate interest, or by restricting access solely to the owner’s separate interest.

[Author]

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