MASTER BOARD ISSUING FINES.

Started by FredW5 • 8 replies • 1745 views

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FredW5 (Florida)
Posts: 177

Posted:

Hello everyone.
Question: How do Master Associations define their fining authority to other HOA's and residents in any of their communities? . One of our residents (Also a past community board Member) was given warnings and fines, for his violation of their by-laws regarding overnight parking of a non-comforming truck. The prior HOA board was also fined for not taking care of the violations after numerous warnings. The Master Board was sent a letter from the HOA attorney requesting documentation that supports the Master Board's contention that they have the ability to levy fines, after properly notifying a HOA board, and that they can arbitrarily decide the amount of the fines they can impose (The type of violations are in the Master By-laws , however, the amounts of the fines are not mentioned .)

The Master Board has ignored the lawyers letters, and the new HOA board members are uncertain if this should be followed up, causing further legal expenses.

Opinions welcome.

NpS (Pennsylvania)
Posts: 4,216

Posted:

What physical property does the master board oversee? And do any of the fines relate to that property?

For example, if the master board is responsible for a marina, and if the parking violation was at the marina, then I would think that the master board would definitely have authority to fine.

Sikubali jukumu. Read all posts at your own risk.

FredW5 (Florida)
Posts: 177

Posted:

The master board is responsible for 12 communities. The parking violation was at one of the communities in which a resident complained to the Master Board as well as the community HOA Board. The question is also how can a Master Board decide on how much to fine?? they fined the community $1,000, and deactivated the violators entrance tag until he removed his illegal truck from the area, which he did.

MarkM31 (Washington)
Posts: 556

Posted:

So the fine was levied to the HOA, and no fine against the HO?

FredW5 (Florida)
Posts: 177

Posted:

A fine was levied against the HOA , and several citations were issued to the homeowner who owned the illegally parked pickup truck. (Which he finally moved to another location.). The main question is can a master board issue fines and penalties in any amounts they deem proper to a community within their jurisdiction?.

MarkM31 (Washington)
Posts: 556

Posted:

That'a all going to depend on the governing documents. You should have these since they are almost certainly part of your CC&R's. Off hand, I would say that if this $1000 fine came out of nowhere, without a letter telling your HOA to comply or else, then the fine is improper.

I would also guess that given the severity of the fine, it may be improper no matter what.

This is something we don't really have in the NW.

FredW5 (Florida)
Posts: 177

Posted:

Thanks.
The CC&R's do not outline anywhere the amount of the fines.
There was a letter from the master board to the HOA telling the resident as well as the HOA to comply.
Glad you don't have that in the NW.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By FredW5 on 04/11/2015 9:23 AM
Thanks.
The CC&R's do not outline anywhere the amount of the fines.
There was a letter from the master board to the HOA telling the resident as well as the HOA to comply.
Glad you don't have that in the NW.

If the right to fine is established in the Master's CC&Rs, the fine amounts may be established in the Bylaws or the Rules & Regs. But these fine amounts must be published somewhere. HOs are entitled to advance notice of the amount of a fine. If there is no published fining schedule, I think that the HO could successfully challenge the fine.

On the other hand, if there was only a threat of a fine, but no fine was actually imposed, that's a different kettle of fish.

Sikubali jukumu. Read all posts at your own risk.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

FRED

I think one thing that has been said in the past is that their must be a schedule of fines in order for them to be valid. They cannot be capricious.

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