do you need to tell people what the fine is before fining them?

We have been warning people not to leave personal belonging in the common area as stated in the master policy. But they continue to do so. We want to start fining them. We we need to let them know before hand or can we just set a reasonable dollar amount? i am thinking somewhere between 50-100.

What do your CC&Rs (declaration, covenants, deed restriction) say about enforcement of them and of your rules? Or is that the "master policy" you're referring to? Or you might find policy about fining owners in your Bylaws. If in neither of those places, there might be state statutes about HOA fines.

In Calif. and many states, owners cannot be fined without "due process," where they'd be called to a disciplinary hearing via a letter from the Board or management detailing the violation, quorum ting the rule of convent, etc., , give their side of the story, are excused from the hearing, and the Board votes or whether or not to fine or invoke some other deterrent, (e.g., withdrawal of privileges).

Also in many state the assn. must have a written schedule of fines, which would say how much various violations can be fined. Our fine, btw, for most infractions of that type is $50 with the potential to double with each violation of the same kind.

Does your assn have none of these things, Jack?

You should check your documents and possibly state law to ensure the HOA can issue fines (talk to your association attorney).

Assuming the HOA will be able to do this legally, it's only fair and makes sense to let people know the Board will be enacting a fining schedule. Come up with an effective date and a process as to how this will work, with a fining schedule and appeal rights (you knew all that already, didn't you?)

I believe fines should be based in part on what the association has to spend on rules enforcement and not use any number because they can. For example, you didn't say what these "personal belongings are," but if your property manager has to spend time collecting this crap and then trying to match the owner with the item(s), and then perhaps disposing of them if they go unclaimed, those costs could make up your fine. You could start with something like $25 and work your way up, depending on the amount and size of the stuff.

That's a really good plan, Tim.

We based our initial fine to be equal to to whatever one hour of our PM's time is worth. We took the total contract price and divided it by the annual hours this person was dedicated to the association. The logic behind this is for any violation someone has to call the PM who then has to contact the homeowner, draft a violation notice, mail it, deal with the homeowners calls, etc.

From my readings on this subject you need to be able to justify the fine amount if it ever goes to court. Someone that is better about legal stuff than I am may be able to shed more light on this.

Our HOA sends out a notice you will be fined $25 if you do not correct a violation. May have like 2 weeks or 30 days to correct. It is best to have a "fine schedule" of which everyone is aware. That will define the violation and the rate of violation. Make sure your HOA has the right to issue fines. Not all HOA's have that written. If it is written, it is poorly defined.

Jack

The purpose of fines is not to make money. It is to clear up the violation. I say a polite Warning Letter, then kick their a$$ with fines.

$5,000? Is this for a first offense? I'm all for deterring short term rentals but would this hold up as being reasonable?

https://www.davis-stirling.com/HOME/H/HOA-Fine-Policy

We only fine once or twice a year (violations are usually cleared up before then) but if we do fine, it is usually for more than $1000. We follow the Florida statute and our documents on fining. First letter - friendly warning with time to cure (depending on the violation it may be immediate). Second letter -official notice of violation and time to cure. Third letter - called before the board at the next meeting for fine to be assessed. Then sent to fining committee for fine to be confirmed or not.

Our figuring is that if they haven't cleared up the issue by the third notice then they aren't going to do it. Anything less than $1000 means nothing - and at the $1000 limit we can put a lien on their home if the fine is unpaid.

It may seem over the top in some associations, but we have 825 units and only assessed two fines last year.