HOA failed to notify of a decision to fine in time

Hi, I was recently fined an absurd amount for a minor violation by my HOA. (The details would make for an interesting thread on their own) I would anticipate an easy victory in small claims court were I to challenge it but would prefer to avoid having to go to that trouble.

Fortunately my HOA made two mistakes. Our bylaws require 15 day notice of a call to hearing. They dated and mailed the notice to me 11 days prior to the closed session hearing. So by our rules I don't believe I was ever properly called to a hearing. I sent a response via email to management company but did not attend. My response included a request to postpone and received no response.

They also didn't notify me of their decision to fine until over 50 days after the hearing. California requires them to notify me within 15 days as I understand it.

I'm planning to list my unit soon and sell it. My thought is that I could let the fine sit on the books until I sell and don't point out their errors until it is too late for them to call me to another hearing, which I assume they would do. Unfortunately I have a very petty and vindictive board that has no problem with selective enforcement.

I was assuming the below section of 1363 invalidates the fine but I would like to confirm and greatly appreciate any feedback.

Thank you, - John

1363 h If the board imposes discipline on a member, the board shall provide the member a written notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action. A disciplinary action shall not be effective against a member unless the board fulfills the requirements of this subdivision.

Be sure to save those envelopes with the postmarks and the letters they send you. You should have some regulatory agency in California to file a complaint.
I would advise doing that over going to small claims court.

Here is section on Due Process:

https://www.davis-stirling.com/HOME/Due-Process-Defined

Don't know what the right word is, JohnP, but you don't want this "violation" on your unit when you sell. Violations must be disclosed to prospective buyers.

I'd continue to try to work with them by sending a certified letter return receipt requested to the MC and to all directors if you know how to reach them. Make sure you cite the correct cCvil Code per Richard's post. Request another hearing--politely. Attend this time!

Btw, gthe alleged violation and the fine mount are listed for all Owners to read, right? If not, that's another error they made.

John

Do you disagree with the fine, regardless of timing/procedures? How much is the fine for?

Yes, I was able to verify that. I did confirm with the assistant to the manager (she is sympathetic and not a fan of the BOD) that they did in fact decide this far outside of the 15 days they are required to notify me per CA law.

Also the call to hearing was only 11 days before the hearing. Bylaws require 15. That is easily proven by the dates on the letter calling me to the hearing.

As LetA also noted when you are dealing with potential legal type issues it is best to send all correspondence “Certified Return Receipt”. I would recommend sending them such a letter noting the exact dates they sent information to you, the dates you received and the text from the Statutes and your Governing Documents violated. Note that you want the improper fine removed within 30 days and a proper hearing notification, if they wish to continue to pursue the matter. And if they refuse to follow the State Laws and Governing Documents that you will then have no choice but to seek an attorney to protect your property rights.

Then sit back and see what they say. When they have to sign for the letter it will hopefully get their attention that you are tracking them and they need to send a proper response. When you get the signed card back be sure to staple to your copy of your letter sent.

Yes, JohnP: Per my, LetA and now Janet, send the letter. Also include the first note of the new valet procedure that was distributed to residents. It's cheaper & less time consuming that any other alternative.

IMO, $500 is excessive and our urban high rise a has a fine $100 for parking violations. We do often waive the fine if no repeat violations of the same type in 6 months. It does help if the violator is contrite an also if they attend the hearing. If repeated, our fines can double.

Normally, and with a BOD that was accepting of reason, I would agree. However, as noted two members of the HOA have no problem abusing their positions to force me to pay an unreasonable fine. The other members defer to them. I am 100 percent confident that regardless of the facts they would come to the same conclusion.

While I was unable to attend the original hearing I did present a write up detailing the facts which they ignored and I was contrite. I also did present the fact that the new policy was shared with the residents via email only the day after it was implemented.

When I served on boards we did as you suggested. Waive the fine if no repeat offense. That is an appropriate method of discouraging behavior. Unfortunately this isn't about right and wrong or enforcing rules, it is about attacking me. It really is that bad.

I have been able to review a former board members minutes and noted that not once has anyone ever been called to a meeting over a parking violation. Many friendly and appropriate warnings have been distributed, primarily for not displaying one's permit.

Fun story, one day I parked a different car (that was properly registered with HOA) in the garage instead of my usual vehicle. The hostile BOD president was in the garage and saw me. I was then sent a violation letter and call to meeting with threat of a fine. The BOD relented when I provided proof that this was not a violation. My point being I have been subject to selective enforcement and the BOD president has looked for every opportunity to go after me. Nobody has ever been threatened with a fine for parking issues but me. Twice now.

I am sorry but what are you suing for? You didn't pay the fine. So you have no damages to sue for. Court ONLY makes you "Whole". So if you want to sue, then you have to pay the fine, and sue the HOA for that money. Otherwise, I don't get what you are suing for neither will the court.

John

I ask again:

Do you disagree with the fine, regardless of timing/procedures? How much is the fine for?

Sorry, it is time to call BS on you. You are an idiot!