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California: Can HOA Board issue first fine of $100/day ($3,000/month) for unleashed dog?

Started by SoyiM5 replies • 2121 views

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SoyiM (California)
Posts: 6
Posted:
BACKGROUND
1) An HOA Board issues $100 fines for a first violation
2) The same Board issues fines of $100/day (or $3000/month) for continuing violations

SEQUENCE OF EVENTS
1) A Unit Owner walks dog without leash in Common Area
2) The Board issues a non-compliance letter for unleashed dog
3) The Unit owner continues to walk dog without leash in Common Area

ANALYSIS FROM DAVIS-STERLING.COM
1) Repeat Violations. An example is an owner violates a rule by letting his dog off the leash. The board holds a hearing and fines him. The next month the owner's dog is off the leash again. That requires another hearing and another fine.
2) Continuing Violations. A continuing violation is a single violation that persists. For example, If an association limits owners to one dog of no more than 25 pounds and an owner moves in with a 200-pound Mastiff, the board may impose a daily fine against the owner until such time as the dog is removed from the property. The board holds one hearing and imposes a continuing fine for the continuing violation.

QUESTIONS
1) If the Unit Owner walks the dog without a leash once per day, is she committing a "Repeat Violation" or a "Continuing Violation"?
2) If the Unit Owner walks the dog without a leash once per week, is she committing a "Repeat Violation" or a "Continuing Violation"?
3) If the violation is a "Continuing Violation," can the Board issue an initial fine of $3,000 ($100/day for 30 days) -- or does the Board first need to impose a $100 fine for the first violation?

JohnC46 (South Carolina)
Posts: 14,265
Posted:
If there is a leash law and the owner has been warned but continues to disregard it, I would fine her $100.00 per event. Walk the dog twice a day is two events. $200.00.

Who the he!! does she think she is? Above the law? Go after her hard.
SoyiM (California)
Posts: 6
Posted:
Let's say the owner walks the dog five times a day. After 30 days, the Board issues a fine of $15,000 -- with one Board letter being the only previous warning. Would that be okay?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By SoyiM on 10/10/2015 1:14 PM
Let's say the owner walks the dog five times a day. After 30 days, the Board issues a fine of $15,000 -- with one Board letter being the only previous warning. Would that be okay?

it would be fine with me. Who the he!! does she thinks she is?

TimB4 (Tennessee)
Posts: 21,061
Posted:
Based on what you provided from Davis-Stirling, I would say that it is a repeat violation.

As you posted, this would require a hearing prior to a fine for each one.
RichardP13 (California)
Posts: 3,868
Posted:
In California, before you can fine someone, the association has to follow the "due process", bring before a hearing, as defined in Civil Code. The fining schedule has to be in either your CCRs, but most likely your Rules and Regulations and by law, MUST be distributed annually.

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