Lien for Fees Related to Fences

Question:

My HOA they are putting a lien on my property because of a fee they were charging because of my fence. but there is nowhere in the bylaws saying that a fee will be added monthly if we do not remove the fence or repair it.

– Neshia

 

Answer:

Hi Neshia,

The bylaws, CC&Rs, and other governing documents may not refer to fences explicitly. However, the fees may have been charged because the fence issue is a violation of the architectural guidelines or governing documents. Typically, HOAs are allowed to impose fees for such violations, and these fees often constitute a lien on homeowner property. How much and how often these fees can be charged may depend on the provisions in the governing documents. Kindly review them to verify the rules regarding fences and what powers the association may have when it comes to imposing monthly fees. These documents will usually also outline the due process the HOA must follow for enforcement. For further assistance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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