Legal Question in Real Estate Law in California
Authority of an HOA to fine for movng violations
I was visiting a client in a gated community recently where a security guard pulled me over for failing to stop at a stop sign, issuing me a $50.00 fine. I Contested the ticket with the 'compliance committee' the HOA had set up. They have alreay stated they have no authority over me, but will hold the homeowner to pay the fine if I don't. Due to the principal of the thing, I appealed the compliance committee's decision to the board of directors and have a date coming up to present my case. What authority do they have to issue tickets, and what qualifications must the security guard have to be able to issue fines for moving violations?
2 Answers from Attorneys
Re: Authority of an HOA to fine for movng violations
I think you may have ample grounds to protest the fine. You will first have to go through the administrative remedies set forth in your governing documents.
Re: Authority of an HOA to fine for movng violations
They have no authority over you, but they do have authority over the homeowner. The Association Board's authority is contained in the CC&R's which were recorded with the County Recorder's Office at the time the Homeowner's Association was created. So, you will have to read the CC&R's (usually a very thick document) to determine whether the Association Board is exceeding their authority. If it is, you can pay the $50, then sue the Board in small claims court for a refund.
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