HOA Board breaking the rules with fines

Started by AdamF1 • 4 replies • 1283 views

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AdamF1 (California)
Posts: 1

Posted:

Our HOA board has issued a fine to one of the owners for $200 even though the CC&R clearly states that the first offense shall be $25, 2nd offense shall be $50, and 3rd offense shall be $75.

What can be done about this?

JoeW1 (New York)
Posts: 728

Posted:

Quote:

Posted By AdamF1 on 09/13/2007 9:50 AM
Our HOA board has issued a fine to one of the owners for $200 even though the CC&R clearly states that the first offense shall be $25, 2nd offense shall be $50, and 3rd offense shall be $75.

What can be done about this?

Baring that fines are not supposed to include any extra collection or filing costs, the owner could always pay the $150.00 if indeed the are guilty of violation, and tell the HOA Board the payment settles the matter. Plus correct the violation.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

AdamF1: What do your official documents state regarding the process for levying a fine? Some association docs specify that if a violation is in question, there needs to be a hearing between the violator and the Board to learn if a fine is necessary. A fine is usually not arbitrarily levied without a hearing; there should be a process to be followed. for all parties.

RogerB (Colorado)
Posts: 5,067

Posted:

Adam, usually the first step is to notify the owner of a violation and give a time limit to correct it. If they do not believe they are in violation they should be able to request a Hearing. Only after that can an initial fine of $25 be assessed. So the owner can dispute the $200 fine based on each of these procedures as they apply to the HOA.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Here again, we should state which State we are talking about. In Florida, state statutes limit the amount any owner can be fined to $100.00 per day with a maximum of $1000.00 per violation. So your $200.00 would be an illegal amount to fine.

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