How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
Type Your Real Estate Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

I received a letter from my HOA saying that I'm being fine

Customer Question

I received a letter from my HOA saying that I'm being fine for $100 for leaving my shopping carts next to the elevator. Are they allowed to that w/o giving me any proof/evidence? Having said that HOA has already adopted such a fine and distributed to all members.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.

Dear Customer, I am sorry to learn of this situation. Yes, this is possible.

The Association's Board can take steps to enforce the CC&Rs (or governing documents), including levying fines.

A fine for leaving objects or obstructions in the common areas could be assessed under the board's general duties for maintaining the common areas.

If the Board has already distributed notice of their intent to fine, subsequent action taken under this policy will be enforceable.

While they cannot "arbitrarily and capriciously" (or "selectively") assess fines, the standard of proof to assess a fine is not the same as that required in a judicial proceeding. So, the board can assess a fine on a reasonable belief that you are the responsible party. If you wish to contest the fine, you have a right to do so through the HOA's informal dispute process. Ultimately you can sue the HOA over the imposition of the fine and force them to prove liability (requiring them to prove the violation, but this is not the same as forcing them to produce evidence to the same requirements as the state's evidence code in the first place).