Real Estate & Property Law

HOA and CONDO Association Fines -How Many Hearings Are Required!

In case you missed it, there has been a discussion on the website of a colleague about what is required with regard to fine hearings. Question: is there a hearing required every time that a fine is being considered for a violation of the rules or other governing documents?

Some legal practitioners (firm of Adrian Adams, see www.Davis-Stirling.com) believe a hearing is required for each violation, except continuing violations for which a daily or weekly or other fines might be imposed. Some believe that more than one fine can be imposed - but there should be a limit, for example, one colleague, Rich Neuland, has expressed a "Three Strikes You're Out" philosophy, essentially professing there should be a limit to the number of times that an owner can be fined for the same (although re-occurring) violation.

I respectfully disagree with those positions on fining for repeat violations. However, I do agree that it is an important subject. The reason I disagree with those positions is that I believe that volunteer board members should not have to be parents, reminding their owners who are acting like irresponsible or spiteful "children" again and again and again that there are ramifications to bad behavior.

So, I thought I would write and give my opinion about fining for repeat or continuing violations ... without the need for multiple hearings.

My position is that it is appropriate for HOA and Condo Association Boards to impose multiple fines for bad behavior without having multiple hearings. I suggest specifically addressing the ramifications of reoccurring and/or continuing violations in multiple formats, and the more the better, ... at the least, (1) in the fine policy, (2) in the letter to the owner who is subject to disciplinary action, (3) in the hearing, and (4) in writing in the hearing decision letter to the owner.

I recommend the following theme be included in all 4 venues: ?Continuing and/or re-occurring fines may be imposed for continuing or re-occurring violations of the same or similar nature.?

That way, the owners have 4 notices at the least that continuing or re-occurring violations will subject them to continuing or re-occurring fines. And that, as far as I am concerned, constitutes reasonable due process.

I mean, how many times should you have to take time out of your life and money out of the association coffers to "remind" someone ...

Not park resident vehicles in guest parking spaces
Not let your dog bark all day and night
Not let your guests create a disturbance at the pool such that others cannot enjoy it
Not disrupt an association meeting
Not let your children vandalize property or throw rocks and debris at passing cars

I could go on and on ... but 4 warnings should be due process enough for any continuing OR re-occurring similarly offensive behavior.

Just my "two cents worth" on the subject!

And for the other "98 cents" worth, visit the California Condo Guru where you will find free articles on enforcement, FYIs on fines, hearings, and adoption requirements for new rules and rule modifications, and best of all, incredibly useful (and affordable) Primers. Be sure to peruse the Publications and/or the Webstore to find the set of Enforcement Primers which were written to assist boards in formulating enforcement policies and practices that work. You will find a series of 5 Enforcement Primers that cover basic rule setting and enforcement, sample forms and letters, and for everyone who encounters problematic neighbors or violators, advanced Primers on Noise and Nuisance issues, Neighbor to Neighbor disputes, and Parking and Towing matters. It is my belief that success in enforcement comes through organized, professional and business-like handling of these matters, combined with good efforts to engender cooperation, communication, and peer pressure as part of the process of getting owners to conform voluntarily with the rules and regulations of the association. You will recognize that as a recurring theme throughout the tools I produce for the benefit of boards, owners, managers, association vendors and anyone who deals with home owner and condominium owner associations.

Full post as published by California Condo & HOA Law on May 31, 2009 (boomark / email).