HOA glossaryRules & enforcement
What is a fine?
A monetary penalty levied against an owner for a covenant or rule violation, available only where the documents and state law authorise it.
Also called: Monetary penalty
The power to fine is not inherent. It has to be granted in the governing documents, and in several states it is additionally regulated or capped by statute. An association without that authority that fines anyway is creating a charge it cannot collect.
Where the power exists, the procedure attached to it is strict: notice identifying the violation, an opportunity to cure, a hearing where one is required, a decision, and then the charge. Skipping a step is the usual reason a fine is reversed.
How a fine may be collected also differs from how assessments may be collected. Several states prohibit an association from lien or foreclosing on fines specifically, even where it may do so for unpaid assessments.
Why it matters to a board
Adopt a published fine schedule by resolution and apply it uniformly. Ad hoc amounts look punitive and are treated that way.
Where the answer lives
Your recorded declaration and bylaws first, then the act that governs associations in your state. Whichever is stricter is the one that binds you.
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