Under MCIOA, a fine is deemed to be an assessment against the unit and can be the basis of a lien foreclosure proceeding. However, older non-MCIOA associations generally do not have that same power. These associations are limited to obtaining a personal judgment against the homeowner rather than foreclosing the lien. Further, when a unit sells that has fines attached, MCIOA associations will collect the fines at the time of closing, but nonMCIOA associations may not be able to do so. To have a question answered in a future article, please email it to me at nmendez@carlsonassoc.com with the subject line of “Ask the Attorney.� While I can’t promise that all questions will be answered, I will do my best to include questions that have a broad appeal. Questions will also be answered by other attorneys practicing in this area of law. The answers are intended to give the reader a good understanding of the issue raised by the question but are not a substitute for acquiring an opinion from your legal counsel.
July | August 2016
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