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JohnM102 (Arizona)
Posts: 24
Posted:
Our HOA consists of 102 properties. 42 are lots with homes and the remaining 60 are vacant lots. Our location is very hilly ad the risk of fire is relatively high. Our CC&Rs and By-Laws require owners to maintain their lots in a manner that minimizes the spread of fire. Our current fines for this type of violation calls for a $150 fine after 10 days. It goes to $250 after 15 days and $750 after 30 days. Beyond 30 days is a additional $25 a day. All fines are cumulative. Do you think these fines are excessive considering non-compliance raises the risk of fires spreading quickly and endangering the homes in the community? What is your fine structure?
LoriM15 (Florida)
Posts: 1,009
Posted:
Does Arizona have a statuatory limit on fines? Make sure you are in compliance with the statutes (if there is one). Also make sure that you are following whatever fining mechanism you have in your documents (warnings, notices, etc.) Those fines would be in line with our fining schedule, although we usually give a little more time after the first notice to correct the issue.
JohnM102 (Arizona)
Posts: 24
Posted:
Thanks but I already know all of that. Arizona only says a reasonable fine but doesn't give any specifics.
I'm looking for some numbers from other HOAs.
JohnM102 (Arizona)
Posts: 24
Posted:
Thanks but I already know all of that. Arizona only says a reasonable fine but doesn't give any specifics.
I'm looking for some numbers from other HOAs.
JohnM102 (Arizona)
Posts: 24
Posted:
Thanks but I already know all of that. Arizona only says a reasonable fine but doesn't give any specifics.
I'm looking for some numbers from other HOAs.
JohnM102 (Arizona)
Posts: 24
Posted:
Thanks but I already know all of that. Arizona only says a reasonable fine but doesn't give any specifics as to what's reasonable. I'm looking for some numbers from other HOAs so I can compare ours to fines others enforce. We do have three different levels depending on what the offense is. The numbers I quoted are for what I'd consider a severe safety violation.
MarshallT (New York)
Posts: 414
Posted:
Hi,

$750 is a bit high, but considering the risk that non-compliance poses, I would not say it is excessive. How often does the HOA have to issue multiple fines for this matter? If it's not often, then it sounds like the fines are working. https://www.condocontrol.com/blog/reasonable-fine-for-hoa-violation/
KerryL1 (California)
Posts: 14,550
Posted:
$750 doesn't seem "unreasonable" to me. I don't think you'll ee any example here as this type of topic (fire danger) is unusual
LetA (Nevada)
Posts: 2,679
Posted:
Would the fine due to the risk of fire qualify for as threat to the community instead of a simple non compliance fine?

I would feel that any fire threat should be taken seriously and not treated like a fine for leaving your garbage cans out past the trash pick up date.
KerryL1 (California)
Posts: 14,550
Posted:
JohnM doesn't say $750/day, MarkR.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Fines IMO should equal about the amount it would cost to "fix" the issue. Like how much would you pay someone to go around to put garbage cans up? I would pay $20. So I would fine $20 for not putting away trash can. Keeping the fine within reason should factor in the cost of correction. Like if you write a bad check, they charge around $28 for return check. I would then keep the late fees around that amount.

Just realize you can't go overboard. There are limits per each state. Like you can fine $25 a day BUT the max amount may be $500. After that you may have to look into other punitive or corrective measures.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Many believe, Melissa, and I'm one of them, that fines also can serve as deterrents.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MelissaP1 on 08/15/2022 3:02 PM
Fines IMO should equal about the amount it would cost to "fix" the issue. Like how much would you pay someone to go around to put garbage cans up? I would pay $20. So I would fine $20 for not putting away trash can. Keeping the fine within reason should factor in the cost of correction. Like if you write a bad check, they charge around $28 for return check. I would then keep the late fees around that amount.

Just realize you can't go overboard. There are limits per each state. Like you can fine $25 a day BUT the max amount may be $500. After that you may have to look into other punitive or corrective measures.

The amount of one's late fees is dictated by the CCRs or by state statues, not by what the amount of a return check is. What if one's HOA's are $1400.00 monthly and the late fee is $10%, or $140.00, but if one writes a bad check it might be $25.00, so your analogy doesn't work.
MaxB4
Posts: 3,513
Posted:
John

How does your Board determine what is a fire threat when looking at one's property. What standards does your HOA use to maintain the common area so no fire threat is poised?
JohnM102 (Arizona)
Posts: 24
Posted:
Owners are given 30 days to either clear their lots or get the work scheduled. If neither is completed within an additional 10 days, they incur a $150 fine. After 5 more days it jumps to $450. Then after 15 more days it goes to $750. After that, it increases by $25 a day.
The standards are determined by the state of Arizona. They include such things as: The grass can't be over 6 inched tall, dead shrubs have to be removed, tree branches have to be 6 ft off of the ground, dead branches removed, ten ft between trees and bushes, etc..
I recently bought two lots and each cost me $850 to be brought into standards this year as they were neglected for years. The cost can vary from as low as $200 to as much as $4000 depending on how bad the lots are and on how neglected they are. If the trees and bushes are taken care of like I did on my lots, all I'm looking at for 3 to five years is the grass. Our problem is we're high desert and very hilly. With 60 vacant lots surrounding 40 homes fire will spread through the area incredibly fast if the lots aren't maintained. We also experience monsoons from July to Sept each year and subsequently a lot of growth occurs during that period. Once that growth dry's it takes little to start a fire.

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