Can An HOA Or COA Impose Fines & Penalties?
POSTED ON May 30, 2023
Understanding the Limits and Options as a Homeowner or Condominium Owner
As a homeowner or a condominium owner, it is essential to understand every aspect of belonging to a Homeowners Association (HOA) or Condominium Owners Association (COA), including their power to impose fines or penalties. While the idea of having a governing body that regulates the neighborhood appeals to some people, the idea of having penalties or fines imposed on them can leave others feeling like their rights are being violated.
As a legal firm representing homeowners, we understand these concerns and are here to give you insights into your rights and HOA’s limitations.
The first thing to understand is that the community’s governing documents explicitly grant a homeowners association’s power to impose fines or penalties. These documents are drawn up when a community is formed and describe the rules and restrictions the association must enforce. These rules vary widely; some associations may exercise more power than others. Still, if the rules are reasonable, narrowly tailored, and uniformly enforced, courts tend to side with the HOA’s authority to impose fines.
Homeowners and condominium associations may use fines and penalties to maintain a clean, safe, and healthy environment by enforcing rules for the greater good of the community. The association typically imposes penalties for violations like parking in unauthorized areas, not maintaining landscaping, improper trash handling or storage, etc. If fines are unpaid, the association may escalate the penalty to a lien on the homeowner’s property.
As a homeowner or condominium owner, you have certain rights and options when challenging the imposition of fines or penalties. You may dispute a fine’s validity by following the association’s grievance procedures outlined in the community’s governing documents. You may also attend association meetings to voice your concerns or vote for changes to the rules or bylaws. In some cases, homeowners may be able to appeal to mandatory arbitration or file a lawsuit to contest the fines imposed by the association.
In some cases, however, the association may abuse its power and impose fines or penalties unfairly or excessively. It is crucial to consult with an experienced HOA attorney who can examine the law and the specific facts of your case. A condominium attorney can help you understand your rights, develop a plan of action, and engage with the association on your behalf. At Perez Mayoral, P.A., our attorneys have extensive experience representing homeowners and condominium owners and fighting HOAs in court.
Final Word
In conclusion, while homeowners associations and condominium associations have the power to impose fines and penalties, they must exercise it reasonably and uniformly while following specific procedures under the governing rules. Homeowners also have certain rights and options to challenge the imposition of fines and penalties. It is vital to promptly address fine and penalty issues and engage with experienced attorneys like those at Perez Mayoral, P.A., who can assess the situation, help you understand your rights, develop a plan of action, and protect your interests when facing HOA disputes. Contact us today for a free case review, and let us help you regain control of your home.
Your property. Your rights. Our fight.
Yanet Macias2025-05-19Trustindex verifies that the original source of the review is Google. I would proudly recommend Michael Mayoral and Maria Agudelo to anyone needing legal representation.They were always clear,prompt and responsive,even with late night questions.Im very grateful for the hard work and dedication Michael,Maria and the entire team, to be able to achieve a great outcome. Pasteur Water System2025-05-16Trustindex verifies that the original source of the review is Google. An excellent team of professionals. Their legal advice is clear, timely, and effective. Highly recommended for those seeking legal solutions with commitment and integrity. Alvaro Duarte2025-05-15Trustindex verifies that the original source of the review is Google. Manejamos un caso con la firma Pérez Mayoral y el resultado fue muy satisfactorio para nosotros, en este país es importante contar una buena firma de abogados Daniel Eliut Perez Contreras2025-05-15Trustindex verifies that the original source of the review is Google. Buena atencion, siempre muy atentos, excelente representacion, recomendados 100 % Gravitas HQ2025-05-14Trustindex verifies that the original source of the review is Google. Spoke to Erik Perez about a situation with a client and he provided great information to help. Overall very knowledgeable and informative experience. C H2025-05-14Trustindex verifies that the original source of the review is Google. Just had a consultation with Erik Perez really nice and really good information explained everything perfectly and gave us some new information if you need a consultation would definitely recommend these people will definitely come to them if we pursue a case! Pickleball Sales2025-05-13Trustindex verifies that the original source of the review is Google. Really intelligent Lawyers Ashley mcnamara2025-05-11Trustindex verifies that the original source of the review is Google. So from the very first interaction I had with Michael Mayoral he was professional, answered all my questions and took his time with me. Even throughout the process of my lawsuit anytime I had a question they always got back to me as soon as possible, no matter if it was him personally or the case managers or my attorney Maria Agudelo (who I absolutely loved working with). I highly recommend working with them. Mung Kang2025-05-01Trustindex verifies that the original source of the review is Google. Erik is very good lawyer and patient.Google rating score: 4.8 of 5, based on 391 reviews