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Subject: Fine guidelines?
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Author Messages
ArtB
(Florida)

Posts:1


09/16/2019 7:30 AM  
Does your HOA have a published list of fines?

If yes, would you share?

Thanks

SheliaH
(Indiana)

Posts:2701


09/16/2019 8:37 AM  
We don’t have one because there’s case law in this state that forbids HOAs to establish fines because they aren’t government agencies. The state legislature hasn’t gotten around to amending the HOA law to allow them at reasonable rates (whatever that means).

Here’s how it usually works in our community – if an owner does something to the common areas that result in an expense to the association to fix, she/she’s told to fix it at their expense. If the repair isn’t done and the association does the work, the owner is billed, and if he/she refuses to pay, the matter is referred to the association attorney. We also have a late fee when assessments are paid late or if a check is returned, ($50 and $75, respectively).

If you’re looking for some general suggestions on what you might consider when you establishing a policy (a schedule of fees is only a small part of it), here’s a link to an article that had a number of good ideas you and your board might consider - https://www.hoaleader.com/public/Whats-a-Reasonable-HOA-Fee-or-Penalty.cfm
JohnC46
(South Carolina)

Posts:8733


09/16/2019 10:59 AM  
I understand that if fining is allowed the association must publish a finining schedule. Our schedule is rather simple. Wed do notify a violator that they are in violation and give them a reasonable time to correct the offense which would be like 1 day to 30 days or we will begin fining at $25.00 per day and doubling every day thereafter to a maximum of $100.00 per day.

Ours also says if the offense is committed again at a later time, that will be their 2nd offense and the fines begins at $50.00 per day and can double to $100.00 per day.

We do not want to be in the fining business so we try and work with the offender to clear the violation.
MelissaP1
(Alabama)

Posts:8603


09/16/2019 3:50 PM  
The state should have a references to what is acceptable fines. Otherwise could fall in the "Loansharking" type laws. My rule of thumb in regards to funds... Whatever a credit card/bank will charge. That is good guideline.

Former HOA President
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