Maximum fees for parking violations

The fine shouldn't exceed the expense of the process. Meaning the fine should be the price the HOA paid for the towing etc... This is a PUNITIVE expense/action. A HOA is typically a non-profit (not charitable) that spends as much as it collects. So why enforce a "Profit" out of a violation? It should just be the expense the HOA incurred in damages for correcting the violation.

So, what fees does a HOA pay to have a car towed. The fees are paid solely by the owner of the vehicle to get their vehicle back!

This is not the case in VA. See link I provided in earlier posting.

So actually, they can't tow any vehicle. Our streets are public (this is Virginia), and you can't tow a vehicle on public streets. What they can do is assess fines for the offense. What I don't know is how the fines would work. There is a legal maximum of $900, but is that per year, or what? It's like $10 a day for ongoing offenses, to a maximum of $900. Is that every year? Is that life time?

Yes, that's my point. It seems to be very unclear, and every lawyer has a different answer.

I disagree. A fine is, by definition, supposed to be punitive. If the HOA is only trying to recoup their expenses, they should call it a fee. I do agree that normally a non-profit should not make a profit but that's a matter of budgeting. The profit is determined by the year-end bottom line, not each transaction.

The point of monetary penalties is to attempt someone to comply with the governing documents.

At some point, if monetary penalties don't work, the Association will consider bringing in an attorney. If this occurs, per statute, the Association could assess you the cost of the legal fees in addition to the monetary penalties.

As I pointed out in my initial posting, the Associatin has some descrestion on how to apply the penalties.

For example: The Association could, per statute, assesses you $50 for parking on the street. You move the car - the Association says the issue is resolved but you park it there again (perhaps that evening). So the Association assesses you another $50 for the violation. Worst case - this could amount up to $18,250 (however, I doubt it would get that far).

What is more likely, the Association would impose a penalty of $50 for the first offense. They would then impose penalties of $10 per day for additional offenses. They would also (very likely) turn the issue over to the attorney (which they charge back to you). This could amount to thousands (and the court very well may uphold it). Example:
$ 50 - first offense
$ 10 - second offense
$ 10 - 3rd.
$ 70 - following week
$ 300 - Attorney letter telling you to comply
$ 70 - following week
$ 300 - attorney letter telling you to comply
$ 70 - following week
$ 300 - attorney letter threatening legal action
$ 70 - following week
$ 300 - legal fees filing court case
$ 100 - Court costs
$ 70 - following week
$ 300 - your consultation with an attorney over the issue.
etc.

This has totaled $2,000 and the Association hasn't reached it's $900 limit for continuing infraction.

I understand that you are simply trying to determine if the Association has a limit and what that limit is. I expect that this is so you can do a cost analysis to see if it's worth paying to park on the street. What you don't understand, the worst case, the Association can seek legal action to force compliance. This will cost you more then you expect.

My suggestion - work something out.

Perhaps you can expand your driveway to accommodate your extra vehicle
If you have a garage, perhaps you can rent a storage unit to clear the garage out enough to park a vehicle.

Hope this helps,

Tim

Of course the local municipality may also have rules about parking on public roads, and these could also result in fines and towing.