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Q.When can the HOA fine a homeowner?
A.In California, the homeowners association (HOA) through its board of directors ("Board") can impose a fine on any homeowner so long as they comply with California Civil Code § 1363(h). First the Board must notify the homeowner in writing, by either personal delivery or first-class mail, at least 10 days before a Board meeting. The written notice must contain the date, time, and place of the Board meeting, a description of the alleged violation for which the homeowner may be fined, and a statement that the homeowner has the right to attend the meeting and address the Board at the meeting. The HOA Board must then meet in executive session if requested by the homeowner to discuss the matter and determine if there has in fact been a violation of the governing documents (Bylaws or CC&Rs), and if Board actually decides to impose a fine on the homeowner, the Board must then provide the homeowner with written notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action.
Noise is a common complaint in both condos and townhouses because there are adjoining walls and/or ceilings. Most CC&Rs will contain a nuisance clause that prohibits activities that "disturb the quiet enjoyment" of the neighbors. While each of the homeowners should try to make "reasonable accommodations" if some condition in their unit is causing a nuisance, when the individual homeowners cannot amicably resolve their dispute, the HOA Board can, and has the authority to, resolve it for them.
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