QUESTION:
An owner in our
association is on
active military duty. He is behind in his HOA dues and is making no
effort to
make any payments. He is stationed in our town and lives
in our association. How do we get this guy to pay?
ANSWER:
The Soldiers’ and Sailors’ Civil Relief Act, which protects active duty
military
personnel, was updated in 2003 and renamed the Servicemembers Civil Relief Act (50 U.S.C. App §501, et seq and Cal. Mil & Vet. Code §400, et seq). Service personnel have the following protections:Associations cannot take default judgments against service personnel. (The court must be notified so it can appoint an attorney to represent the service member's s interests.)
Existing judgments against military personnel may be temporarily suspended.
Foreclosure actions may not proceed without court approval.
Associations may, however, record a lien against the owner's unit.
Penalties for Violation of Act. Associations that violate the protections afforded to military personnel can be fined up to $200,000. Representatives of the association can be fined up to $100,00 and face jail time of up to one year.