Can an HOA Make Owners Pay Fines in CA?

Question:

Our HOA board says they can’t enforce rules about cleaning up their houses or cleaning up their yards. They tell us they send letters first, then they impose fines, however we were told that they cannot make people pay! Is this correct??

– Patti

 

Answer:

Hi Patti,

State laws and an association’s governing documents give an HOA the authority to enforce rules. However, if an HOA’s CC&Rs do not include a rule requiring owners to clean their houses or yards, then the HOA might not have the power to enforce this rule.

Generally, an HOA does follow the sequence of sending a violation letter first before following up with a disciplinary hearing and fines. The board can collect these fines using different collection methods, though it depends on what the governing documents allow. Make sure to check your CC&Rs and bylaws for more information.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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