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Reginald P. Smithers III

wrote:
On Sat, 25 Aug 2007 06:16:02 -0400, "Reginald P. Smithers III"
wrote:

Normally HOA can use legally use "fines" for repeat violation of rules.
The fines can either be enforced by a visit to small claims or just by
placing a lein on the property.

From my experience as past president of two HOAs that is really not
particularly effective against your typical "worst offenders".
They ignore the judgements and the real deadbeats are usually upside
down on their mortgage anyway. You end up spending more money trying
to collect the fine than you get. In my condo we ended up being sued
by the bank who held the mortgage to stop us from trying to get a
taste of the scraps left on the table when the units went over.

Don't know if the problem is with your state laws, or your management
company, or your BOD's, but in my state when you take someone to court
for past due fees or judgments the person is responsible for not only
all past due fees, 10% late fee charges, all fines, but ALL attorney
fees. Normally the attorney fees jump up to %5,000 very quickly. Our
attorney has a 100% success ratio with collecting the fees, extremely
quickly. In our state the Condo HOA can actually institute foreclosure
proceedings for past due fees, which always resolves the problem, but
the homeowner is still responsible for attorney fees. Our attorney
works on retainer, doesn't charge us anything to handle any collection.

Now if your condo has a high percent of people who are upside down in
their mortgage, it is time to sell and move.