Does your HOA have penalties with the city/county?

Started by AaronT1 • 10 replies • 321 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

AaronT1 (Oregon)
Posts: 2

Posted:

Just curious,
Does any of your HOA's have special rules that need to be followed with your county or city to ensure your HOA is in "good standing?"

If so what are those rules? I'm thinking governments are going to crack down on HOA's at some point with taxes or otherwise...

If you aren't in good standing what penalties are there?

Thanks in advance!

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By AaronT1 on 09/22/2021 12:39 PM
Just curious,
Does any of your HOA's have special rules that need to be followed with your county or city to ensure your HOA is in "good standing?"

If so what are those rules? I'm thinking governments are going to crack down on HOA's at some point with taxes or otherwise...

If you aren't in good standing what penalties are there?

Thanks in advance!

To my knowledge, HOA's only report to the federal and state governments, not local municipalities.

LetA (Nevada)
Posts: 2,679

Posted:

Recently our pool vendor let the pool get in such a horrid condition that it prompted at least three visits from the health department. The last one triggered a fine imposed by the heat department. We were successful in getting the pool vendor to agree to pay the fine before we fired them.

Other instances, like a resident with a pot belly pig and another with roosters, were all cited by animal control, the HOA had no involvement, Another resident was fined by code enforcement for a building code violation.

AaronT1 (Oregon)
Posts: 2

Posted:

I guess I'm curious if there has been any government entity, city, county or state that requires anything from HOA's? Annual reports? Registration and Fee's? If so what is it and what is the penalty if you don't?

MaxB4
Posts: 3,513

Posted:

In California, for taxes we have to file form 100 and 199, with the Franchise Tax Board, Form SI-100 and SI-CID with the Secretary of State, file corporate taxes with the IRS. There is nothing for local.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By AaronT1 on 09/22/2021 2:06 PM
I guess I'm curious if there has been any government entity, city, county or state that requires anything from HOA's? Annual reports? Registration and Fee's? If so what is it and what is the penalty if you don't?

Report to the Secretary of State (NV) on elections of BOD, Permit fee to the Health Department for the Pool and jacuzzi. I don't believe we have to pay for a business license or permit that I am aware of.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Our community is served by city sidewalks and HOA-owned bushes line them. When the bushes grow enough to "interfere" with the sidewalk (in the city's opinion), we've received a $100/day fine warning to trim them up.

Also, our entrance signs are regulated by the Town Planner and Planning Dept. as is all easements around our entrances, leaving us the landscaping bill and maintenance responsibilities.

It's very passive oversight but town officials have flex on you in certain ways over certain issues. County government only required easements to improve drainage. While technically we had to approve their access to HOA property.....they really weren't asking permission.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Remember each HOA is a separate and their own entity. They are not connected or affiliated with each other. They may share a Property manager but they are not in the same HOA. Think people often confuse what a HOA is. It's more of a "club" of the homeowners who live in your neighborhood/subdivision. You being "Sunny Sands HOA" and them being "Sands are Sunny HOA".

It is also written that the HOA must obey local/state/federal laws. Your NOT in a "bubble" because your in a HOA. Those laws still apply. It's just your HOA may have stricter individual "rules".

Our city tried to fine us because a neighbor in the neighborhood next door complained yard debris was being put in their treed lot. It bordered our HOA. Found out lawncare and ex-president were putting our debris there. We faced a 10 K fine from the city to clean it up. Given 10 working days. What did that mean? It meant if we got fined we would have had a special assessment of ALL the members/owners to foot the bill for the fine. A HOA is ONLY funded by it's members for it's members. So guess who has to pay the piper?

Former HOA President

BenA2 (Texas)
Posts: 1,273

Posted:

No, we have no local laws or rules that apply specifically to HOAs.

I'm not sure why the government would crack down at some point. Are you saying that they do not enforce the law and collect taxes against your HOA already? We are subject to the same fines and penalties as everyone and if we did not pay our taxes, our property would be auctioned on the courthouse steps along with everyone else.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By MelissaP1 on 09/22/2021 4:12 PM
Remember each HOA is a separate and their own entity. They are not connected or affiliated with each other. They may share a Property manager but they are not in the same HOA. Think people often confuse what a HOA is. It's more of a "club" of the homeowners who live in your neighborhood/subdivision. You being "Sunny Sands HOA" and them being "Sands are Sunny HOA".

That is not correct. There are sub associations that are tied directly into master associations. There can be two different HOA's, from the same developer, side by side, not in a master association, but legally tied together through legal documentation.

I think a lot of people would like to just belong to a "club", instead of one as restrictive as individuals like to do to one another.

DouglasK1 (Florida)
Posts: 2,046

Posted:

My last association was subject to the county gated community ordinance (https://library.municode.com/fl/orange_county/codes/code_of_ordinances?nodeId=PTIIORCOCO_CH34SURE_ARTVIIIGACO_DIV2RE_S34-291HOACMARE, see section 34.290). This has various reserve requirements, and also a requirement that an engineering inspection of the infrastructure be performed every three years. According to the "conditions of approval" for the development, this requirement had to be included in the CCRs, along with a requirement to submit the report to the "County Engineer". I am not able to find any penalty for not doing this. Early on our board attempted to determine exactly where this report needed to be submitted. Apparently we were the first to every try submitting the report. We got a lot of buck passing and run-around and could not find any county department that was interested in receiving this report. We still got the inspection every three years, but no longer attempted to submit to county.

Escaped former treasurer and director of a self managed association.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here