Destruction of HOA common area

Started by CandiceS • 9 replies • 628 views

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CandiceS (California)
Posts: 15

Posted:

In addition to a fine and cost to replace (in our CC&R's and Rules and Regulations) can a board press charges (criminal or ?) on a homeowner who took it upon themselves to start chopping down a tree on our common area (maintained by HOA)?
Had it not been for one of our board members (who I called) to go and find out what was going on the entire tree would have been gone.
Because this particular homeowner has history (unfavorable) with the HOA we are looking to not just slap their wrist this time.

Thank you in advance

TimB4 (Tennessee)
Posts: 21,062

Posted:

Candice,

CA does have some interesting statutes. If you can find one that is applicable, you can report the issue to the appropriate government agency (for criminal statutes) or take the individual to court (for civil statutes). However, if the Association has recovered their damages (cost of replacement and restoration), I don't think a court would look favorably on the issue.

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By TimB4 on 08/16/2018 3:11 PM
if the Association has recovered their damages (cost of replacement and restoration)

Triple damages could be in order

CandiceS (California)
Posts: 15

Posted:

As this just happened yesterday and the board doesn't meet for another week to discuss fines and or replacement costs, the question of criminal or civil lawsuit came up.
I am the past president and I would certainly entertain the idea of a lawsuit given the homeowners history. Having said that I am aware that legal costs can be a negative to the financials to the association.
Trying to do some investigation on my own to assist.

Thank you for your response!

CandiceS (California)
Posts: 15

Posted:

Triple damages sound great but doesn't that have to be stated in your fines?

PaaN
Posts: 219

Posted:

? What does corporation counsel think ?

Or do you prefer strangers' off the cuff opinion(s) ?

CandiceS (California)
Posts: 15

Posted:

Well if I was on the board (I am the past president) I would seek guidance from Council and/or our management company.
Reached out to this forum to see if anyone had a previous experience.

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By CandiceS on 08/16/2018 3:22 PM
Triple damages sound great but doesn't that have to be stated in your fines?

It is a statutory penalty and would require a lawsuit

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§i3346

CandiceS (California)
Posts: 15

Posted:

Thank you Mark. Looks spot on.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Interesting statute.

As I said, if the Association had already imposed a monetary penalty and assessed damages for removal and replacement before they go to court over the issue, I think the court would have a dim view of the issue.

Now, if the Association sought legal action prior to imposing a monetary penalty or assessing damage, that would be a different issue.

That's my two cents.

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