SoyiM (California)
Posts: 6
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?
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?