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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38198
Experience:  16 years real estate, Realtor. Landlord 26 years
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My HOA wants to fine me 100 dollars a day for not evicting a

Customer Question

My HOA wants to fine me 100 dollars a day for not evicting a tenant. Is that legal?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Oregon
JA: Has any paperwork been filed?
Customer: Just email warnings
JA: Anything else you want the lawyer to know before I connect you?
Customer: Im not sure . I have actually filed for an eviction. It seems like they are dining me just because my tenant is still there beyond the date they wanted her to be gone
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

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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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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Do the Bylaws state that they can impose the fine?

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What is the fine for?

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What does the Bylaw state that they are trying to fine you under?

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Are they just threatening or have they imposed the fines?

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Have you updated them as to the status of the eviction?

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thanks

Barrister

Customer: replied 2 months ago.
Hi Barrister
I believe the HOA can impose fines.
The fine is 100 dollars a day beyond the date they wanted my tenant evicted. They asked for this at the end of May
They are imposing the fines
I have kept them update them on the eviction proceedings. I filed for the eviction on July 23rd. We had a hearing today and I made a deal with my tenant to move out by the end of the month or give up a right to further trial. The HOA is not being understanding
Customer: replied 2 months ago.
They are telling me I owe them 3100 dollars right now plus lawyer fees for their own consultations. It seems extreme. I need to know if they can really fine 100 dollars per day. There is nothing specific about ongoing daily fines
Expert:  Barrister replied 2 months ago.

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..

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Do the Bylaws set a range for fines, or say nothing at all, or impose specific fines for specific violations?

Customer: replied 2 months ago.
She is violating HOA rules. The HOA rules don't say much about fines but I believe they mention specific fines for specific violations
Customer: replied 2 months ago.
I guess I don't have enough information for you. If they are fining me for not evicting my tenant can they fine me for the days after I filed for the eviction and the case was waiting for a hearing and a trial?
Customer: replied 2 months ago.
Thank you for some insight anyway
Expert:  Barrister replied 2 months ago.

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.

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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.

Customer: replied 2 months ago.
OK. Thank you Barrister.
Expert:  Barrister replied 2 months ago.

You are very welcome. Happy to help any time.

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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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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Expert:  Barrister replied 2 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

Customer: replied 2 months ago.
Hi BarristerI'm not sure at the moment. I'm asking leniency from the HOA so I'll see if they are,willing to compromise. I may need someone to review emaiis to see if they are goinhmg about thibgs correctly . Could you do that and i f so what might you charge?
Expert:  Barrister replied 2 months ago.

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.

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So you would need a local attorney to assist with those tasks..

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Customer: replied 2 months ago.
Ok. I understand. Thank you.
Expert:  Barrister replied 2 months ago.

Glad to help any time I can...