Fighting Fines in California HOAs

Question:

My mother is in her 90s and lives in an over-55 condo community with my brother. He does not smoke. The condo has found cigarette butts outside near their unit in the back and claimed a “neighbor” saw “a man throwing a cigarette” off our porch. This did NOT happen. They provided no evidence except a photo of an entirely different porch that is not even in the complex. The cigarette butts are three different brands and scattered all over, obviously NOT from one person on a porch.

We told them it was not him, and no one has been on our porch, but they said we have to pay. They made my mother pay a $50 cleanup fee. She paid it to avoid being harassed or charged late fees, but she wrote a note on it.

There is nothing stopping them from charging $50 every time they find cigarette butts outside. What can we do?

– Victoria

 

Answer:

Hi Victoria,

All homeowners living in HOAs in California have a right to fair due process. This includes attending disciplinary hearings. At the disciplinary hearing, the person subject to discipline has the opportunity to examine and refute evidence produced at the hearing. There can also be witnesses.

If your HOA permits, you might want to consider installing security cameras as well.

 

 

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

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