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Subject: Maximum fees for parking violations
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Author Messages
MalakA
(Virginia)

Posts:1


09/29/2020 6:35 PM  
Hello,

In Virginia, what is the maximum fee per year that can be accessed for parking that violates the HOA? And how often can it be re-assessed?
MelissaP1
(Alabama)

Posts:9648


09/29/2020 6:51 PM  
The fine shouldn't exceed the expense of the process. Meaning the fine should be the price the HOA paid for the towing etc... This is a PUNITIVE expense/action. A HOA is typically a non-profit (not charitable) that spends as much as it collects. So why enforce a "Profit" out of a violation? It should just be the expense the HOA incurred in damages for correcting the violation.

Former HOA President
SamE2
(New Jersey)

Posts:302


09/29/2020 8:51 PM  
The amount we can charge for "fines" and frequency are spelled out in our condo docs. In our case first fine is $50 and everyday we can impose a new fine. I believe the reason for fines is to punish the person for not following the rule.
JohnC77
(Washington)

Posts:207


09/30/2020 12:00 AM  
Posted By MelissaP1 on 09/29/2020 6:51 PM
The fine shouldn't exceed the expense of the process. Meaning the fine should be the price the HOA paid for the towing etc... This is a PUNITIVE expense/action. A HOA is typically a non-profit (not charitable) that spends as much as it collects. So why enforce a "Profit" out of a violation? It should just be the expense the HOA incurred in damages for correcting the violation.



So, what fees does a HOA pay to have a car towed. The fees are paid solely by the owner of the vehicle to get their vehicle back!
TimB4
(Virginia)

Posts:17008


09/30/2020 4:02 AM  
Malak,

Expecting that you are living within an HOA (vs. COA - aka condominium), per Property Owners' Association Act:

$50 per single offense
$10 per day for a continuing offense not to exceed $900

This would be in addition to legal fees.
Additionally, these charges are treated as assessments for the purposes of liens and foreclosure options.

Boards seem to have the discretion to determine if (in your case) a parking issue is a single offense or a continuing offense.
TimB4
(Virginia)

Posts:17008


09/30/2020 4:02 AM  
Posted By MelissaP1 on 09/29/2020 6:51 PM

The fine shouldn't exceed the expense of the process.




This is not the case in VA. See link I provided in earlier posting.
TimB4
(Virginia)

Posts:17008


09/30/2020 4:11 AM  
Posted By MalakA on 09/29/2020 6:35 PM
Hello,

In Virginia, . . . And how often can it be re-assessed?





Failed to answer this part of the question.

For single offenses there doesn't seem to be a limit.

In your situation of parking violations, it's possible that a $50 penalty per violation could be done.
Hence, the HOA could (technically) hit you daily or more with no limit.

If the Association sees it as a continuing violation, then up to 90 days. However, the statute and case law is unclear if said violation is resolved and restarted (say a few days later) if a new 90 day timeline starts or not.


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Forums > Homeowner Association > HOA Discussions > Maximum fees for parking violations



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