Questions & Answers Keep Me Informed!
Q. Can an HOA file a lien or foreclose on your property for a rule they do not enforce on other parcels (property owners) such as parking a vehicle on the side of the yard, keeping the recycle bin in front of my garage, putting a sofa out on the road for the garbage people to pick up, or parking vehicles in front of my home?
A. With regard to an HOA’s ability to lien or foreclose on a property for a rule violation, the answer is yes, but it depends. Florida law permits HOAs and condominium associations to levy fines against its members, including as a result of actions by their tenants or guests who violate the Declaration, Articles of Incorporation, or Bylaws. The fines may not exceed $100 per day, and may not exceed a total of $1,000. While fines in a condominium association may not become a lien against the unit, when fines in an HOA reach or exceed $1,000, they may be converted into a lien. This lien may subsequently be foreclosed upon. As to enforcement of rules in a community, violations must be dealt with consistently and uniformly. Should an association fail to do so, the slippery slope of non-enforcement may cause it to lose the right to enforce specific rules by way of “selective enforcement.” The selective enforcement defense will block the ability to take action for certain rule violations if they are not enforced properly.