What Happens When An Ohio HOA Wrongfully Fines Or Liens Your Property?

Homeowners associations (HOAs) are an integral part of keeping your neighborhood intact and upholding rules within the community. Nevertheless, the power of the HOA is not absolute. Homeowners will have recourse against the HOA when it levies an unfair fine, places an illegal lien, or even violates the laws of Ohio and its own by-laws. Understanding your rights can help you make the right choices if your HOA illegally fines or charges you beyond the contract.

When can an HOA issue fines? 

Most HOAs in Ohio are legally allowed to impose fines on residents who violate the terms set out in their declaration, by-laws, or rules. Some of the most common include:

• Improper landscaping
• Illegal alterations to the exterior of the home
• Parking infractions
• Noise or nuisance violations
• Failure to follow architectural guidelines

Nevertheless, an HOA must usually act in accordance with the process set out in the governing documents and state laws. In many cases, a resident is supposed to receive notice of the infraction and a chance to respond before the imposition of any penalties.

If the HOA skips these necessary steps, its fine will likely be challenged.

Can an HOA place a lien on your property? 

In some cases, they can. The HOA might have the ability to file a lien against assessments and other charges, which the association has the authority to impose according to its governing documents.

There are times when a certain charge is not enough to form a legitimate lien. There could be a situation when the HOA files a lien on fines or fees, which were imposed without following the laws.

An invalid lien can cause many problems. It can stop you from getting refinanced or even from selling your property.

Signs an HOA may have acted improperly 

Not all disputes with HOAs mean legal liability. However, some red flags can suggest that the association acted illegally. These include:

• Placing fines without giving necessary notice
• Preventing the owner from defending himself
• Being inconsistent when enforcing rules
• Forcing rules that contradict the governing documents
• Creating liens for fees that were not provided for in the declaration or bylaws
• Violating the procedural requirements

Reviewing the governing documents is usually the first step.

What can homeowners do? 

If you believe your HOA is fining you unfairly or placing a lien on your property, it is best to act immediately. You have to save all the letters, notices, meeting minutes, payments, and anything else that might be useful and is connected to your problem.

Most often, the problem will be sorted out by communicating with the board or the HOA management company. However, if the above-mentioned methods do not work, it may be necessary to resort to the court.

It would not be right to ignore the problem, especially if a lien was placed on your property.

Talk to a Dayton, OH, HOA Defense Lawyer Today 

Kohl & Cook Law Firm, LLC, represents the interests of Dayton residents who are having legal issues with their HOAs. Call our Dayton HOA defense lawyers today to schedule an appointment, and we can begin reviewing your case right away.