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momoftwoinky
03-21-2006, 09:52 PM
The HOA in my sub sent me a letters saying that I have a swing set that is in violation because it is a temporary structure. I disagree that it is a temporary structure and want to fight it but they say they can take a lien on my land. Is this true. The DOR say enforcement is by procedding of law to enforce restriction and or restore damage. No mention of a lien. What are my risks here? Can they put a lien on my property. If they sue me and I lose will I be responsible for their legal fees. There is no provision to the effect in the DOR.

Any advice is helpful.

elklaw
03-24-2006, 06:55 AM
I am not sure what they would put a lien on the property for-- maybe you are being fined daily and the lien would be for the fine but they should tell you if you are being fined in writing and give some kind of cease and desist letter with warning first. I cannot answer anymore than that because this is an issue that is almost entirely dependent on interpretation of the homeowner association agreement and its restrictions in your deed. IF you disagree, you may need to consult an attorney nad sue them or sell your property and move, which may not be a bad idea anyway.

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