Does our HOA need to post a fining schedule with prices?

Hello, does anyone know of a law in PA requiring the HOA to post somewhere a schedule for fines and how much each fine would be? (Such as speeding, Illegal Parking, Running Stop Sign) If such a list is not made available is it even legal to fine a homeowner? Thank you.

Jeff,

This is going to depend on your applicable COA/HOA laws and your governing documents.

A quick search of those statutes section 5302 specifies that the Power of unit owners' association include [emphasis added]:

(11) Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws and rules and regulations of the association.

The law, doing a quick look (so I may have missed it), does not require the posting of a fine schedule. It also doesn't define what a "reasonable" fine would be. Therefore, you would have to see if your governing documents (CC&Rs, Bylaws, Articles of Incorporation, resolutions) specify any requirement. If it does not, then there may not be a requirement.

To mandate such a requirement, you should gather your neighbors together and propose amendments to the governing documents (the higher the document the harder it is to amend it).

Hope this helps,

Tim

Our streets are private but out fining schedule is vague. It states the following:

The Association may levy fines against any Owner who is in violation of any of the restrictive covenants or rules and regulations. Such fines can vary with the severity of the violation but currently range from $25.00 to $500.00. Failure to pay fines may subject the Member’s property to a lien in the amount of the unpaid fine plus costs.