Issuing a fine (Sample Letter)

Have you already held a hearing?

Was the amount of fine mentioned in the written notice?

You specify that the "tenant" was given notice. Did the member (i.e. landlord) receive the same notice? I ask this specifically because typically the Association may only fine (if fines are allowed) the member. It is up to the member to recoup the money from the tenant. If you haven't notified the member, then you haven't actually provided written notice to the member.

We have been fortunate that all violations that went to the point of monetary penalties were resolved before the penalties had to be assessed.

We did have to be reimbursed for towing once. Perhaps that can assist (see attached).

Basically I would include:

Date of infractions
proof of infractions (pictures, etc.)
reference date of previous letters
reference/cite covenant being violated
reference/cite authority for monetary penalties.

Hope this helps,

Tim

Tim's list looks good, Chase. Perhaps you also might want to check UT state laws that affect HOAs to see if owners have the right to attend a hearing to discuss the violation before the Board decides whether or not to fine them.

Some states, like CA, require this invitation to a hearing. Others do not.

CarolR11,

I did a little research and found out we do need to conduct a hearing! So im off to do some research and if i cant figure out how to go about the hearing i will be back! :-)

Thanks so mcuh!

Chase

Good work, Chase. In CA, we must notify the alleged violator in writing to come to a hearing in executive session with the board on month/day/2014 Because (follow Tim's list). In Ca the alleged isolator must be given xx days notice before the hearing is held. Your mom probably know these details.

Often, alleged violators don't show up to the hearing, so your board discusses the violation, what to do about it, votes. Then a letter goes to the owner within xx days to tell them your decoys and what the penalty (if any) is.