Special Assessments vs Fines in Indiana HOA

Question:

Our covenants do not state the wording fines but do show special assessments for owners.
We are a new HOA. We want to find homeowners who have not replaced their trees nor bushes which have died. How do we determine the cost of a fine? Special assessment? for the owner.
They must replace in 6 months. What if they don’t. How long do we fine them? Monthly?

– Lillian

 

Answer:

Hi Lillian,

Special assessments are not the same as fines for violations. Special assessments are assessments that HOAs impose on homeowners for expenses that the operating budget cannot cover. Fines, on the other hand, are monetary penalties that arise from violations. Your governing documents, particularly your CC&Rs, should contain more information about fines — whether or not you can impose them, how much you should impose, and any other requirements.

Here are some articles you may find helpful:

 

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

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