fines imposed on non exisiting rules

Cabo, it is difficult for me to comprehend a Board issuing a fine for a restriction which does not exist. Perhaps it is a matter of interpretation. The restrictions in the CC&Rs are broad and can not itemized each specific item. Rules can clarify and further define the broader CC&Rs. Are you sure you are familar with every rule?

Regardless, a fine should not be issued before notifying an owner of a violation to a restriction and quoting the source for the specific restriction. Also, to follow due process, the Board needs to provide the owner the right to a Hearing to appeal if they do not believe they are in violation. This should always be done before issuing a fine. I don't know CA statutes nor your association's controlling documents. I suggest you read your Declaration of CC&Rs, By-laws (which every organization should have), and Rules and Regulations. After that, if you wish to appeal, send a letter to your Board requesting a Hearing. You can include some of the above comments to influence them to follow due process.

Cabo,
1. You need to check all your documents first.
2. In California there is the Davis-Sterling Act which gives rights to owners in appeals,hearings etc.
Time to do the homework, then write a letter to the board. This should be rectified easily enough.
Larry

Oh boy, my advice is going to be quite controversial. (Sorry board members) First, the HOA may be able to create it's own rules. Although they should be documented into the CC&R's and/or By-laws, they can be included in just the meeting notes alone. So it's important to attend meetings and/or have copies of meeting notes availabe. I am NOT saying this is true for every HOA or state. Our attorney did advise me that IF our HOA decided a rule about "No noise" after 10 pm at the pool area and a majority agreed, then we could enforce it based on the meeting votes. HOA's are run by the majority of what the owner's want. If the majority of owner's want a rule and are willing to support it, then it can possibly be a rule. Much like "common law".

Now, here's the part many aren't going to like. Fines can NOT be part of a lien or foreclosure in MOST states. Not saying all states just most. If you have a boat parked in your yard that's against the rules, the HOA may vote to fine you $100 a day up to $1,000 max until you remove the violation. The HOA can't go to the courthouse and issue a fine or start to foreclose for that fine amount.

The HOA CAN lien or foreclose on you if the fine makes you soo mad you refuse to pay your dues or special assessments. You don't pay your dues or assessments, the HOA can place a lien or foreclose on you. They can also add interest charges and possibly late fees.

Now, there is anothe scenerio here. If you parked that boat and don't remove it and reach the $1K cap, the HOA can remove it and send you the bill. If you don't pay that bill then they can lien/foreclose on you. Damages have to occur before they HOA can collect. Fines typically don't cause financial loss but gain. The HOA having to pay money to remove or enforce a rule is a financial loss and recoverable in court. The rule of thumb is if the HOA has to spend money to enforce something, you get liened. If the HOA, just is trying to force you into conforming, you rule.

Fines are not the same as damages. If you damage common property or HOA property, you do have to pay for it. That's not a fine.

Melissa - Within which state are you located? Just curious. tks.

I am in Alabama. Thanks!