Comments on: Attorney to summit: Ruling makes it tougher for HOAs to levy fines https://wn.calicoeng.com/2018/03/12/attorney-to-summit-ruling-makes-it-tougher-for-hoas-to-levy-fines/ Tempe & West Chandler The Place We Call Home Fri, 26 Oct 2018 05:15:51 +0000 hourly 1 https://wordpress.org/?v=6.7.1 By: S https://wn.calicoeng.com/2018/03/12/attorney-to-summit-ruling-makes-it-tougher-for-hoas-to-levy-fines/#comment-66019 Fri, 26 Oct 2018 05:15:51 +0000 http://www.wranglernews.com/?p=16395#comment-66019 In reply to Julie.

Julie- contact me please. I’m having the same issue in TC

]]> By: Julie https://wn.calicoeng.com/2018/03/12/attorney-to-summit-ruling-makes-it-tougher-for-hoas-to-levy-fines/#comment-65871 Tue, 23 Oct 2018 06:28:46 +0000 http://www.wranglernews.com/?p=16395#comment-65871 I’m dealing with this now in Turtle Creek. Can anyone help. ?

]]> By: IC_deLight https://wn.calicoeng.com/2018/03/12/attorney-to-summit-ruling-makes-it-tougher-for-hoas-to-levy-fines/#comment-56221 Thu, 15 Mar 2018 16:04:16 +0000 http://www.wranglernews.com/?p=16395#comment-56221 HOAs do not have authority to fine. People have given in to this because it is difficult for single homeowners to fight. First, fining is a governmental function and HOAs are NOT governments – they are private corporations typically run roughshod by unaccountable management companies and HOA attorneys. Second, there is no “associational standing” for an HOA to claim entitlement for fines based on alleged damages to other parties. The HOA corporation itself is not harmed by tall grass, etc. Another homeowner is not really harmed either but even if they were the HOA corporation does not have associational standing to collect damages (liquidated or otherwise) from the targeted victim. Such a claim inherently requires the participation of the individual allegedly damaged members and thus is not associational standing subject matter. Moreover, the claim is being asserted by an organization against its own member and thus is not associational standing subject matter. The origin of “fining” was really for management companies and HOA attorneys to entangle assessments with fines and other junk fees to be paid to these vendors. Management companies would apply any payments to these fines and junk fees to leave the homeowners “in arrears” on assessments – which in turn would generate a “late fee” for not timely paying assessments. These vendors would advise the boards to adopt resolutions requiring any payments made by homeowners to be applied last to the actual assessments in order to gin up more junk fees. These management companies contract with the HOA to receive “late fees” as part of their compensation. The aligned vendors (management company and HOA attorney) would then use the threat of foreclosure to collect the junk fees. The trade group for management companies and HOA attorneys is Community Associations Institute (CAI). This trade group has lobbied against the Fair Debt Collection Practices Act being made applicable in HOAs. (See, e.g., CAI’s Public Policies) Why? Because in a multiple debt situation (e.g., assessments plus fines) the FDCPA says they have to apply payments as instructed by the homeowner. Deliberately misapplying them to generate junk fees for the management company and attorney is part of a fee pyramiding scheme more commonly known as the “priority of payment scam” and has been so prevalent that state after state (including Arizona and California) have had to adopt laws outlawing the practice. There is no basis for an HOA to be able to “fine”. As noted above it is not a governmental body. In addition the industry players (CAI) always argue these are “contracts” the homeowners “agreed to”. But case law in every state prohibits “fines” and “penalties” in a contractual relationship. Moreover the industry folks can’t seem to explain why homeowners can’t reciprocally fine the HOA corporation. Quit playing the game of “reasonable fines” and coming up with schedules as if private “fining” were legitimate. This is an industry approach to trying to preserve a practice that should be recognized as completely unlawful to begin with. The HOA has the same remedy as the homeowners – go to court. All the excuses the HOA vendors make for “fines” fail to hold water.

]]> By: Sonia Bendt https://wn.calicoeng.com/2018/03/12/attorney-to-summit-ruling-makes-it-tougher-for-hoas-to-levy-fines/#comment-56188 Tue, 13 Mar 2018 22:06:37 +0000 http://www.wranglernews.com/?p=16395#comment-56188 I do not approve of any neighbor thinking that they have a right to fine another neighbor. It is a childish, bullish way to behave. No adult buys into a community to be “fined” by someone. All homeowners are equal whether they are on a Board or not. While on one hand Ms. Mulcahy advises talk first, she is also very quick to say take photos and get statements from neighbors so you are covered and can win in court. This is NOT a way to handle any community. When this type of advice is followed, only the attorneys win via their billings and litigation costs homeowners money. Communication is the key to a united harmonious community, not fines. Until I bought in an HOA, I never heard of “fines”. Homeowners need to unite and not buy into a fining epidemic that hurts the homeowners, the elderly, children … it is destroying neighborhoods, people’s lives and their health. Avoid HOA type attorneys that promote any type of fining and talk to your neighbor. Communication is key to solving issues.

]]> By: Eldin Fazlic https://wn.calicoeng.com/2018/03/12/attorney-to-summit-ruling-makes-it-tougher-for-hoas-to-levy-fines/#comment-56186 Tue, 13 Mar 2018 20:30:14 +0000 http://www.wranglernews.com/?p=16395#comment-56186 Maybe it’s a good thing. Maybe the HOA can not pick who they will harass as easily anymore. Been battling my HOA because of mystery fees, and fines. No one seems to know what is going on when my cars get tagged for towing, or fees appear on my account.

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