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 its 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 and handle your disagreement separately. You might consider mediation, legal counsel, arbitration or in court.

also see FAQ #121