Gerry,

If the property is in Florida and there is an HOA in place under Florida law 
they can potentially fine, or if there is no provision for fines in the bylaws, 
pay to have the work done then either file a lien or a foreclosure action 
against the owner.

This takes no votes on the part of the membership and would be a direct 
decision of the Board. Makes no difference if the owner is a bank or an 
individual.

I would point out that banks usually take a dim view of liens being placed on 
their properties, and once done so, are usually quick to resolve any issues. At 
least that has been my experience as an HOA board member dealing with such.

We have a bank owned property in our neighborhood that has yet to go to a short 
sale despite the bank attempting to do so on several occasions. It's in poor 
shape and has even has some vandalism from what we can see.

At last week's Board meeting we directed the management company to have the 
property cleaned up and secured, as well as filing for abandonment with the 
County, which is a pretty severe action. If the County considers it abandoned, 
we can attach the property and pretty much do what we want with it until the 
bank settles all costs we have incurred.

Pretty severe action, but we got tired listening to the bank's promises that it 
was going to be cleaned up and sold, none of which they have followed through 
with.

We'll recoup our costs including management and attorney's fees for all of this 
before they can sell it.

Dan



Sent from my iPad

> On Mar 27, 2014, at 9:25 AM, "arche...@embarqmail.com" 
> <arche...@embarqmail.com> wrote:
> The HOA where my daughter lives managed to force one lot owner to go in and 
> clean out dead wood and underbrush.  Different state, but i think if the HOA 
> was aggressive, they could do it.
> That would solve the problem, but there is so much of the undeveloped parts 
> owned by people up north; not to mention the huge areas that belong to 
> Prudential Insurance, it would be something of a nightmare trying to get 
> everyone to comply.
> Gerry
>> _______________________________________
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