Citations and Fines for breaking CC&Rs???

Started by MarkM19 • 6 replies • 1892 views

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MarkM19 (Texas)
Posts: 65

Posted:

We have a 400+ home development. We always have H Os that break the rules that we all committed to follow when we moved in to the HOA. My question is have any of your boards developed some way to fine H O and have you been successful in collecting the fines? We have private streets and we ticket (no fines) and tow cars after 3 warnings.

The things that we are trying to stop is double parking by School drop offs, dogs off the leash, pool rules violations.

Help
Mark

GlenL (Ohio)
Posts: 5,491

Posted:

Mark does your HOA have a fine schedule required by Civil Code 1363? If not that is step one. Then you must under CA law allow the person fined a process to appeal the fine. And while you cannot lien over a fine I believe you can take the party to small claims court over it. If you go the S C route don't forget to add the filing fees to the fine. I recommend you visit www.davis-stirling.com and look under "Fines" for a wealth of information specific to CA.

Studies show that 5 out of 4 people have problems with fractions

MarkM19 (Texas)
Posts: 65

Posted:

Glen,
We do not have anything yet. I will check Davis-Sterling for fine info.

Thanks

MicheleD (Kentucky)
Posts: 4,491

Posted:

Question:

Does Davis-Stirling allow for fines if an HOA's controlling documents are silent on them? Some HOAs have provisions that allow for fines, some do not. Would D-S allow for fines anyway if the documents don't?

RichardP13 (California)
Posts: 1,767

Posted:

Power to Fine

An association may impose fines for rules violations if provided for in the association's governing documents. That authority is typically found in the CC&Rs, bylaws, or Rules and Regulations. Liebler v. Point Loma Tennis Club. If an association imposes fines for violations, it must give notice to the membership. Fines must be reasonable and appropriate to the violations.

MicheleD (Kentucky)
Posts: 4,491

Posted:

So then the answer is "no"?

So if the original poster's documents do not allow for establishing fines, then fines cannot be imposed.

RichardP13 (California)
Posts: 1,767

Posted:

Under Case Law Liebler v. Point Loma Tennis Club, the answer would be no. Mark should do a search for fines in his CCR's to see if their HOA can actually fine homeowners. I would suspect most governing allow for enforcing rules with monetary penalties.

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