1111 said:
in maine, can a home owners association place a lien on your home for non-payment of an assessment directly applied to the maintenance of non-association property. the association board wants people to pay for mowing a median strip owned and deeded to the city. we already pay for maintenance through taxation but the city does not want to mow often enough. the board says it has the athority because a bylaw says "any common benefit" thanks,
My response:
You're going to have to be more specific by writing out what comes before and after that phrase. For example, "any common benefit" to the homeowners? To the public? To Society at large?
As another example, the park 3 miles down the road is owned by the City. However, it too is a "common benefit" - - not only to the homeowners that use the park on the 4th of July, but also to the public at large. Does that mean that because it's a "common benefit" it must also be maintained by the homeowners? Does "distance" from the homes change the responsibilities for its care and maintenance? In terms of distance from the homeowners, where's the cut-off point, and how is that defined?
Additionally, while the median strip is, arguably, a "benefit" to not only the homeowners, as well as the public at large, how is the strip a "common benefit" to the homeowners? Has that phrase, itself, ever been defined? E.g., what delineates a benefit from a "common benefit"? Could it be defined as something that only benefits the homeowners "exclusively", as opposed to the homeowners AND the public?
So, all because the proximity and distance of the median strip is close to the homes, the land itself is not owned by the homeowners, and is of no direct "benefit" to the homeowners, then there should be no costs charged to the homeowners.
It, therefore, appears from the information in your post, only, that the HOA has exceeded their authority and scope. Who made this decision in the first place?
IAAL