California HOA - Adding Fine Schedules

Started by JasonL3 • 3 replies • 439 views

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JasonL3 (California)
Posts: 7

Posted:

Hi,

Our situation is similar to what some of the others have posted. We're a small community of 28 units in California and our CC&R's set out general guidelines but no spefics in terms of what specific violations can be fined and how much.

Can we just draft this fine schedule with our majority owners approval or is this something that we need to hire an attorney to draft and add?

Thanks

Jason

SheliaH (Indiana)
Posts: 6,964

Posted:

I'm sure Kerri (who's also from California) will chime in on this, but you might start with looking at the Davis Stirling website. It's sponsored by a HOA law firm that has lots of good information on California HOA law, including fines. From there, you can start a fight schedule and run it by your own attorney.

Once you develop a policy, the board could adopt a motion to pass it during a Board meeting - preferably an Open one - and then educate the homeowners. There should be an effective date - I would recommend 30-60 days to give people a chance to correct any problems. You should have a right to appeal and a process for that.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

Do you have a set of Rules & Regulations, Jason? Sounds like you're a condo? How are you treating CC&R or rules violations at present?

Shelia's advice is good--visit the website and look up Rules on the Index and then in the Rules section, fines or Fine Schedules.

We haven't consulted with our HOA attorney when we've added rules or changed fines. Might be be a good idea though, to have the review if your proposed fines are "reasonable."

MarkW18
Posts: 1,290

Posted:

If you have a management company, they may be able to help you set up rules and regulations and a fining schedule, and probably at a cost much less than an attorney. It's relatively easy as you're pulling language right out your own CCRs.

Once a board has come up with a set of rules and regulation, they must be presented to the full membership for a 28 day review before the board can approve and then take action. In addition, that fining schedule must be sent annually with your budget and it must also include an appeal process better known as IDR and ADR.

If you have no management company, you can search other Rules and Regulation in California HOA's for help.

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