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Subject: Yard Penalties
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Author Messages
VincentM
(California)

Posts:1


09/30/2010 5:05 PM  
In the homeowners handbook stating the rules of the association it talks about maintaining your yards. It also talks about there being two warnings (in writing) before a penalty or fee would be imposed but I've recently got a fine without any warning. Has anyone heard of HOA management issuing a yard violation fee without warning?

The HOA managment quoted a part of the homeowners handbook that reads "The Association may, at its option and upon its reasonable determination that the provisions of Paragraph 2.19 have been violated, maintain any or all plants (grass, shrubs, trees, succulents, etc.)" Paragraph 2.19 talks about maintaining yards.

I live in California and know each state is different but wondering about everyones thoughts.

For those of you who would say I should have just cut my grass, I was in the foreclosure process and had been out of my home for 9 months when I received the fine so I wasn't doing any yardwork anymore.

Thank you for all who reply.

RichardP13


Posts:0


09/30/2010 5:25 PM  
You might want to check this out. It is from a law firm that specializes in HOA law in California. www.davis-stirling.com


Due Process
Penalties, such as fines and suspension of privileges, cannot be imposed against a member of a California homeowners or condominium association unless due process has been followed. This includes disciplinary action for repeat violations. "Due process" is procedural fairness in the board's decision-making process. The process must be fair and reasonable, and not arbitrary or capricious. Ironwood Owners Ass'n IX v. Solomon.


Elements of Due Process. The elements of due process include: (i) giving the accused notice of the alleged violation; (ii) providing a reasonable opportunity for the person to defend themselves; (iii) knowing the identity of the accuser; and (iv) giving the accused an opportunity to examine and refute the evidence. Applebaum v. Board of Directors (1980) 104 Cal.App.3d 648, 657; Carson v. Glass Bottle Blowers (1951) 37 Cal.2d 134, 144; Civil Code §1363(h); Civil Code §1363.05(b); Corp. Code §7341(c)(3).


When Violations Occur. Before imposing penalties, associations should do the following:
1.Notice of Procedures. The procedure for imposing penalties or suspending membership privileges must be in the governing documents. In the alternative, it must be annually sent to all members. Corp. Code §7341(c)(1).

2.Notice of Hearing. The person must be given written notice of the violation and hearing by personal delivery or first-class mail, at least 10 days prior to the meeting at which monetary penalties are imposed (unless the governing documents provide for a longer notice period). Civil Code §1363(h). For suspension of privileges, the notice must be at least 15 days prior to the hearing. Corp. Code §7341(d). The notice must be reasonably calculated to provide actual notice to the member. Corp. Code §7341(d). The notice must contain the following:

•The date, time, and place of the hearing,
•The nature of the alleged violation for which a member may be disciplined, and
•A statement that the member has a right to attend the hearing and present evidence in his/her defense. Civil Code §1363(h). See sample notice.

3.Executive Session. Hearings should always be in executive session. Members have the right to submit their defense in writing rather than make an appearance before the board. Corp. Code §7341(c)(3).

4.Defense. The accused has the right to know the identity of his/her accuser and must have an opportunity to examine and refute the evidence. This may include questions during the hearing.
5.Decision. Unless the association's governing documents provide for a longer notice period, notice of the board's decision must be given by personal delivery or first-class mail within 15 days following the board's decision Civil Code §1363(h); Corp. Code §7341(c)(2).





MaryA1


Posts:0


10/01/2010 7:57 AM  
Vincent,

Posted below are the applicable laws from the CA Davis-Stirling Act which contain the statutes the HOA must abide by. Are you certain the HOA did not send notices to your home while you were not living there? Did you give them the address where you were living when you vacated your home? While you are still the owner of the home you are obligated to abide by the rules of the assn. I know that was probably of the least of what was on your mind being that your home was being foreclosed, but as long as your name is still on the deed, you are the owner and have those obligations.

To answer your question, yes I have heard of HOA boards issuing fines w/o first giving the member the opportunity to be heard even though that may be the law. Some boards just do as they please with no regard to state law. However, in your case, as I mentioned above, the required two warnings may have been sent to the home address while you were gone. That is something you may want to check out before you complain about getting the fine notice w/o first having gotten the two warnings.

--------------------------------------------------------------------------------

1363(g) If an association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any association member for a violation of the governing documents or rules of the association, including any monetary penalty relating to the activities of a guest or invitee of a member, the board of directors shall adopt and distribute to each member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for member discipline contained in the governing documents. The board of directors shall not be required to distribute any additional schedules of monetary penalties unless there are changes from the schedule that was adopted and distributed to the members pursuant to this subdivision.

1363(h) When the board of directors is to meet to consider or impose discipline upon a member, the board shall notify the member in writing, by either personal delivery or first-class mail, at least 10 days prior to the meeting. The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined, and a statement that the member has a right to attend and may address the board at the meeting. The board of directors of the association shall meet in executive session if requested by the member being disciplined. If the board imposes discipline on a member, the board shall provide the member a written notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action. A disciplinary action shall not be effective against a member unless the board fulfills the requirements of this subdivision.


JohnB26


Posts:0


10/01/2010 8:58 AM  
Until the 'bank' actually forcloses YOU ARE STILL THE RESPONSIBLE OWNER OF RECORD

.. ? you did not maintain YOUR yard for 9 months ? ..

shame on you
DanS9
(Colorado)

Posts:23


10/01/2010 10:57 AM  
Vincent,
Sorry to hijack your thread, but I am interested in this "Homeowners Handbook" for my association. Is it possible to email me a copy of it?

Dan

[email protected]

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