Real Estate Law
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.
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Do the Bylaws state that they can impose the fine?
What is the fine for?
What does the Bylaw state that they are trying to fine you under?
Are they just threatening or have they imposed the fines?
Have you updated them as to the status of the eviction?
Ok, so what is their reasoning for fining you... is the tenant violating the HOA rules in some way? They have to have a reason for trying to impose fines on you..
Do the Bylaws set a range for fines, or say nothing at all, or impose specific fines for specific violations?
Ok, here is the problem... if the tenant is violating the rules, then you as the property owner are liable for any legitimate fines that the Bylaws allow them to impose. So if the Bylaws state that they can file $100 a day for a violation like having a pit bull, for example, then every day the tenant has the dog, you get fined.
Your recourse is to sue the tenant for any fines that you end up paying since their violation is the reason that the fine is being imposed in the first place and apparently they won't cure the violation to stop the fine.
You are very welcome. Happy to help any time.
It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.
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I just wanted to touch base with you and check in.
Did you have any further questions I can help with?
I can't really engage in representing you as your attorney by reviewing legal documents as that crosses over the line and I am not allowed to represent customers from JA under my agreement with them.
So you would need a local attorney to assist with those tasks..
Glad to help any time I can...