Hello Red and thanks for your question.

Depending on the Association's governing documents, rules, what occured, how often it occured, if it's still continuing and if there are fines involved, the answer is "yes" the Homeowners Association can put a lien on the property for collection of the fees. The Association can also take legal action against you and your family in the form of an injunction should the situation be particularly bad or present a safety hazard or a lawsuit if the damages were particularly expensive. The homeowners within the community may also engage in a class action suit against individuals who endanger the safety of the members within the community. So, in a word, there are several enforcement avenues available to the homeowners association and to neighbors in the community if a situation is particularly bad--for example, say, a meth lab on the site.

While the Association may lien the property for unpaid fines, this type of lien is not always enforceable by foreclosure. Assessment liens can be result in foreclosure--often without court action, but unpaid fines usually does require a court action for foreclosure to occur.

However, all homeowners associations are run by a Board of Directors who are homeowners who live in the community and, chances are, the Board members understand that kids get into trouble and things happen. Take this opportunity to attend the next meeting of the Board of Directors and talk with them about the situation. Plan to apologize and ensure that whatever happened will never happen again--and mean it when you say it, or the penalties will be worse the second time around--and ask for procedures to restoring your "good name" in the community. Often, just showing to the community that you want to make things "right" is the first step to resolving any issues within the community.

Again, your success in making this situation end will depend on the severity of the violation and costs associated with the damage. Good luck!!

Sincerely,
Grace Morioka, SRES, e-Pro, CID Manager
Area Pro Realty
San Jose, CA

Red,

People often feel they have more power than they really do.... this should be referred to an attorney for their input.

Good luck

Need to review HOA regulations regarding property damage by a family member.

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