The HOA's authority to assess a fine is based upon the covenants of the HOA and any rules enacted under the authority of those covenants.

The HOA rules may be stricter than local city/county ordinance. If so, then the HOA could assess a fine against you for conduct that is legally not a nuisance. However, in order to actually enforce the find, the HOA would either have to sue you in court or foreclose your property. At that time, you could defend based upon the HOA not having sufficient evidence to prove that you violated the covenants, conditions and restrictions of the HOA. Where noise issues are concerned, unless there is some objective measurement (typically, in decibel level: db), or credible witnesses who are all willing to testify that they find your noise intolerable, it's extremely unlikely that a court would uphold the assessment, because it's to ambiguous/arbitrary to demonstrate that you have actually violated the rules.

Conversely, if the HOA actually has a rule with a specific db measurement, and it has actually measured your noise with a db measuring instrument, then that sort of evidence could be used as proof of the violation -- which would justify a damage award or Foreclosure action.

But, I seriously doubt that the HOA has done the sort of investigation and measurement necessary to be able to prevail in court. It's certainly possible, but not very likely.

Hope this helps.

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