Real Estate Law
Ask a Real Estate Law Question, Get an Answer ASAP!
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
The board may set up a list of fines that would not be consistent, and could even be above the legal limit per violation, but it could not legally enforce those fines. In other words, merely having the fines on the books as "potential" is not a illegal or a violation of the law, but if they were to try to enforce any fine over $100, that could result in legal liability to the association.
The remedies would be that it could impose a lien on the property, or sue in small claims (or regular court), or suspend the voting rights of the owner, etc...
There can be a suspension of use of the common areas and facilities of the property as well, but there has to be a 14 day notice and an opportunity for a hearing before that could be done.
As for "selective enforcement", that's a defense to a violation. That is, boards typically cannot selectively enforce bylaws, and if they do, selective enforcement could be pled as a defense to said violation, potentially allowing the violator a way to avoid the fines / penalties.
But it would need to be shown that in identical or near identical situations, the board arbitrarily imposed the fine / penalty against one party but not another, without good excuse for doing so. Now it's possible that if the bylaws give the board discretion in waiving said penalty, etc... that selective enforcement might not be a valid defense, but in short, boards do have to uniformly enforce the bylaws against all the owners, showing no favoritism or discrimination.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!
I did not think according to state statute that they could place a lien for anything beside non-payment of dues
You didn't mention what the fines would be for, but that's correct. That list was pretty much all that they could do to get payment in any situation.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).