Here’s how my HOA fined me $5,000 for a $30 Dead Bush.

I recently purchased a home from an investor who purchased the home after foreclosure. In this case, it wasn’t the bank that foreclosed due to mortgage delays. Instead, the homeowners’ association foreclosed because there were unpaid fines and fees on the account. This gives the association the right to place a lien and establish a claim, which gives it the right to foreclose.

Once purchased, any past problems were visible because the association required them to be corrected (and the investor had to pay the outstanding balance before the deal closed). One of the fines I saw was a $5,000 fine for dead bushes in the landscaping, which we were able to replace for $30 when we moved.

It may seem incredible, but this means my HOA fined the homeowner $5,000 for only spending $30 to repair a dead bush. Here’s how it happened:

HOAs often have the right to impose fines for continued violations.

State laws governing HOAs vary from location to location. However, most states generally give associations broad powers to impose fines for noncompliance with rules and regulations. Without these powers, HOA rules are essentially meaningless because people can ignore them.

And, crucially, although the law generally imposes certain restrictions, such as mandating that owners be informed in advance that fines will be imposed and that the fines must be reasonable; don’t In general, it stops the association from being imposed. every day Continued violations will result in fines.

This means that the HOA is not limited to just imposing fines if the rules are not followed. once. A fee may be charged. Daily You are not compliant. And that’s exactly what happened to my homeowner. They were told they had to replace any bushes that died for any reason and were fined $100 a day.

In this case, the fine is capped at $5,000. Because that is the stipulation of our association’s bylaws. Under Florida law, fines can be up to $1,000 per day, but there is an important caveat to the law. It states that the $1,000 limit applies “unless otherwise specified in the relevant documents.” And my HOA’s governing documents have a cap of $5,000, not $1,000.

Make sure you understand the rules of the association.

It may seem ridiculous to levy so many fines for something that will cost next to nothing to repair, but the reality is that there is nothing legally wrong with what the association did. That’s why the following is so important:

• Check with your real estate agent (or HOA) directly for rules and regulations before purchasing.
• Read and understand your HOA’s rules, including when fees are charged.
• Follow the rules to avoid receiving commissions.
• We respond and correct violations quickly.

Ultimately, the previous owners lost their home because they didn’t follow the rules. And this can and does happen to people every day. If you’re buying from an association, you don’t want this to be your fate. So unless you are ready, willing, and absolutely not capable of following them, do not consider buying in a neighborhood that has these types of rules. times.

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