Question:
Can a management company issue a fine to an individual without any proof only assuming that trash “blown” into a common area on the opposite end of an alleyway from the individuals townhome is from their trash bin?
– Flo
Answer:
Hi Flo,
Generally, an HOA is not prohibited from assessing a fine without providing evidence of a violation. Indiana HOA laws do not cover this. It is ultimately a matter of rules and regulations as well as proper procedures based on your governing documents. Homeowners usually have a right to appear before the board at a disciplinary hearing to argue their case. However, not all states require this.
For further guidance, it is best to seek a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
