Is this language sufficient to impose fines

I am hoping someone can provide an opinion if this language in CC&Rs is sufficient to impose monetary fines on members.

"To initiate and execute disciplinary proceedings against members of the Association for violations of the provisions of the Articles and By-Laws, this Declaration and the rules and regulations adopted by the Board, subject to the requirements-of Corporations-Code Section 7341 (as such section may be hereafter amended, supplemented or superseded)."

There is no other place in CC&Rs that discusses fines.

There is a separate document "Rules and Regulations" that states the following:

"Should a member break a rule or CC&R as specified in the governing documents, the board reserves the right to enforcement and correction of the action through an administrative process. This process may consist or one or more opportunities to correct the action as well as fines, or correct at the owners expense after a reasonable notification period. Fines and corrections may also be appealed to the board for further consideration if done within a 30 day period of notification, after which time any right of appeal is waived (or as governed by law)."

You also have to factor in IF your state allows for liens/foreclosures to be based on fines. Many states do not allow HOA's to foreclose on someone's home for non-payment of fines ONLY. It has to be related to non-payment of dues or special assessments. Even if your HOA can enforce fines, they need to have a set fine limits and definitions. It can't arbritarily assign a "Garbage can left out on friday" a $50 fine. It has to be known what fine amounts are, for what, and the maximum.

Fines work more or less like speeding tickets for a HOA. They are NOT an income source. Be careful and mindful of how and if they are enforced. They can come back and bite the HOA if not handled properly.

in my opinion yes, but i am not a lawyer. you do need to develop and publish a fine schedule.