146. Can my HOA really charge me a fine with interest and make me reimburse them for their own expenses?

  1. You most likely agreed to a Property Unit Development (PUD) rider at your settlement.
  2.  Your governing document, the Declaration of Covenants, Conditions and Restrictions and most likely your Bylaws would have text related to fines, penalties, interest and recovery of expenses, etc. .
  3. WV Code §36B-3-116 Lien for Assessment provides guidelines unless your Declaration otherwise provides, fees, charges, late charges, fines and interest . . .
  4. Further, an assessment in an HOA, a planned community, is a consensual lien, a financial obligation agreed to by you and all your association’s members.

TIP: should you disagree with actions of your HOA’s board of directors, that is your right. However, you must still pay your assessment by the date due, and then handle your disagreement separately. You might consider mediation, legal counsel, arbitration or in court.

also see FAQ #121