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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116153
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can an HOA warn of violations to a parking rule that specify

Customer Question

Can an HOA warn of violations to a parking rule that specify timeframes (24 hours per calendar year), without providing dates and times to those violations?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, this is the issue with all HOA, the laws give them broad authority to enforce their own rules. The law does not say they cannot give warnings and the law itself does not say they have to provide dates and times. HOWEVER, you do have a right to due process before they issue any fines and they cannot issue fines without giving you specific dates and times of violations. Furthermore, if the fine is based on prior warnings, they have to then prove the dates and times of your prior violations leading up to the fine. So you have a right to due process and if they do not provide you proof of the violations, you need to write them and tell them that you dispute their warning and that you have a right to due process in the form of proof of the dates and times of the violations and if they continue to refuse to provide you proof, then their continuous warnings are nothing more than harassment (since they have no proof of the violations) and such harassment can lead to legal action.
So you need to put them on notice in writing. If they continue to refuse to provide you information on the violations, your next step is to appear before the next board meeting and voice your issue before the whole board. If they still continue and refuse to provide the evidence, then you could sue for harassment and seek an injunction preventing them from issuing further notices or even fines without actual proof of the violations.

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