HOA fine warnings for renters

Started by JeffW18 • 9 replies • 422 views

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JeffW18 (California)
Posts: 1

Posted:

My HOA has a fine schedule where it issues a fine warning first, then it issues a monetary fine for the next offense. ($50 for the first fine, $100 for the second, $200 for the third)
The previous tenants were issued a fine warnings for parking in the same spot for 72 hours.
Now my new tenants were issued the same parking violation, but instead of getting a fine warnings, I was given a monetary fine.

I'm just wondering if the fine warnings should be per tenant or should there just be 1 warnings and every subsequent tenant after that would just progressively doubling fines.

I understand the point of the fines is to deter unwanted behavior. Seems unfair for a new tenant to move in and then for their first violation be issued a $200 or more fine just because previous tenants each broke this rule once.

Any thoughts on this would be great!
Thanks so much

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Fines are to the owner, not the tenants. My first blush is the fines build not matter the different tenants.

KerryL1 (California)
Posts: 14,550

Posted:

Well, Jeff, the fines are against you, not your tenants. Your tenants must follow the Assn. rules, but you are responsible for your tenants' conduct. So you violated the rules twice and it looks like the HOA's is following its policy.

You do have an opportunity to go to a hearing and present your case, right?

KerryL1 (California)
Posts: 14,550

Posted:

SheliaH (Indiana)
Posts: 6,964

Posted:

You knew the last tenants violated the rule, so that should have been your clue to make sure the new one were educated on the rules. Some owner-landlords have language in their leases staying the tenants will be held financially responsible for fines like this, and repeat violations could be considered grounds for eviction by the owner.

As others have said, you're ultimately responsible for this because you're the owner and therefore responsible for the behavior of your household, which would include the tenants. Appeal the fine if you want, but you need to have a come to Jesus meeting with your tenants.

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

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JeffW18 on 08/14/2021 9:46 AM
My HOA has a fine schedule where it issues a fine warning first, then it issues a monetary fine for the next offense. ($50 for the first fine, $100 for the second, $200 for the third)
The previous tenants were issued a fine warnings for parking in the same spot for 72 hours.
Now my new tenants were issued the same parking violation, but instead of getting a fine warnings, I was given a monetary fine.

I'm just wondering if the fine warnings should be per tenant or should there just be 1 warnings and every subsequent tenant after that would just progressively doubling fines.

I understand the point of the fines is to deter unwanted behavior. Seems unfair for a new tenant to move in and then for their first violation be issued a $200 or more fine just because previous tenants each broke this rule once.

Any thoughts on this would be great!

I do not think your concern is entirely misplaced. California statutes are strict about offering hearings when one is fined. Were you offered a hearing? At this hearing, say what you posted here. Ask the board to consider removing the fine and also, publishing in its fine schedules that the warning and fining applies to the unit, not each tenant (where tenants are involved). If the board says no, it is firm in its position and its policy, then you can pursue IDR, but from experience, I think it's better to just eat the fine and inform each tenant in writing that your unit has already been warned and that you will bill any tenant violating the parking rule for the amount of the fine.

For information about IDR, go to davis-stirling.com and put "IDR" in the search window. It's an excellent site search engine and excellent site in general.

KerryL1 (California)
Posts: 14,550

Posted:

Well, Jeff, I think you'd be wasting your time to fight this. But, to be sure, read your HOA's governing documents, probably its CC&Rs, but maybe its Rules & Regs where you'll see that owners are responsible for their tenants, guests, invitees', etc. violation of the rules or damage to the premises, etc.

Since it sounds like the board did send you letters, they may have (should have) cited the relevant rules or CC&Rs in them.

As Sheila noted, it sounds like you need to be much firmer with your tenants and make sure they have a copy of the HOA rules, etc., even have in your lease that they've read and understand the rules, etc., and that you will bIll them for violations where you've experienced fines.

How you deal with your tenants & the fines is up to you. Here, landlords, tend to deduct fines from their tenants' refundable deposits, etc. But that's not the topic of your post.

MaxB4
Posts: 3,513

Posted:

In California, in a situation in which Jeff described, a owner cannot be fined UNTIL they are called to a hearing.

KerryL1 (California)
Posts: 14,550

Posted:

Look, Max, I did note "hearing" in my first post as did Augustin. I guess it's good for Jeff to see it again.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By KerryL1 on 08/15/2021 10:16 AM
Look, Max, I did note "hearing" in my first post as did Augustin. I guess it's good for Jeff to see it again.

California statutes are strict about offering hearings when one is fined.

Hearings have to be held prior to a fine not after. You can ask for IDR, once due process is followed.

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