In that case, the only authority for fining association Oct 27, 2023 · Fines and Penalties. However, the amount is typically limited to the actual expense incurred by the association in producing the documents. It amends the Colorado Common Interest Ownership Act (“CCIOA”), and adds new requirements covering HOA notices, collections, enforcement, fines, and foreclosures. A declaration is a contract among property owners in a community. No statute or case law defines when the amount of a fine is, or is not, reasonable. Overview of Arizona HOA Laws. seq. The Alabama Homeowners Association Act (Alabama Code § 35-20-1 through 35-20-14) governs homeowners associations created on or after January 1, 2016. Jun 15, 2023 · In Maryland, HOAs can impose fines on homeowners for late payments of assessments and other charges. . These associations have the power to impose compulsory dues on the members of the community. New Jersey Condominium Act, N. If an HOA directly leases a residence to a tenant, they may be able to evict the tenant. 720. Certain other laws Jun 15, 2023 · HOAs have the power to place a lien on a property when the owner neglects to pay their dues. The governing documents of HOAs typically include: Articles of Jun 16, 2023 · In Oklahoma, HOAs are regulated by the Oklahoma Real Estate Development Act (REDA) found in Title 60 Chapter 17 of the Oklahoma Statutes. In both cases, an HOA must provide the homeowner with notice and an opportunity to be heard. LEGAL RESOURCES. Additionally, homeowners must still Homeowner Associations. However, it's still important for your Texas board to be aware of the new laws below: 1. 1-1815, including records of all financial transactions; 2. Charge for late payments. These should be clearly outlined in the HOA’s governing documents. [6] An HOA cannot evict a homeowner. §§ 515B. Sep 17, 2021 · Every homeowners association has its own set of rules/policies, fines (for when those rules/policies are violated), and procedures regarding the process of HOA rule enforcement. Once a property is sold, all exemptions expire. Washington HOA Laws on Solar Energy Devices. 00, and so on. [4] The amount of the fine must match the severity of the violation. Chapter 5, Residential Real Estate Sales Disclosure. Trash pickup. An HOA cannot arbitrarily charge late fees, fines, or interest. Law Offices of William A. The book is available in print at the State Law Library. 38. CC&Rs or bylaws give the Board authority either directly or through the power to adopt rules relating to management of the development to impose penalties on members. Here are the steps you can take to challenge illegal HOA fees or fines. Finally, should the HOA CC&R enforcement plan result in issuing a lien on the property, legal frameworks exist for this too. Whether an HOA is incorporated can also make a difference in its rights and responsibilities. [1] Otherwise, governing documents regulate an HOA. However, as of now, no specific statute governs homeowners associations. 303(5); Tex. (1) A board may assess a fine against a lot owner for a violation of the association's governing documents in HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers. 3d 1205 (10th Cir. Click here for the current Community Association Act. Most jurisdictions let HOAs charge fees to homeowners who request to inspect HOA records. If an amendment is adopted, it must be recorded in the county in which the community is located to take effect. However, if fines build up to a large enough amount, a homeowners association might choose to sue the homeowner. Feb 12, 2023 · State and federal law restrict the homeowners association’s abilities to restrict you. §55A-16-03. HOA revenue comes from the annual maintenance assessments, which should be established through an open and transparent budget ratification process. House Bill 614 requires HOAs to adopt a comprehensive policy outlining fine Jan 24, 2023 · In Arizona, an HOA can impose fines on a homeowner for violating its rules. For example, an HOA cannot impose fines that would constitute a criminal penalty or infringe on basic Jul 14, 2023 · Most HOAs require written permission to rent a home, which may require the homeowner to join a waitlist. And there are two more new HOA laws set to take effect Aug 22, 2023 · HOA covenants are established to maintain a certain standard of living within the community and to protect property values. The governing documents typically include: Articles of Jul 2, 2015 · Until very recently, the question of the authority of a homeowners association to fine its members had never been squarely addressed by a South Carolina appellate court. Wyman, 969 F. The HOA will then file the exemption with the county clerk so that it can be officially recorded. [3] Late fees can be imposed 15 days after the charge or assessment is due. CCIOA is normally a reasonable statute that for the most part strikes a fair balance among the rights of owners, the 720. For a homeowner to be exempt from new HOA regulations under SB0300, they must request an exemption with the HOA. Every State Law is different so its important that you find the laws for the state you live in or are researching. In addition to listing many HOA-related Texas laws, it contains sample forms such as meeting notices, requests to inspect records, notices of fines, liens, and more. C. HB 2024 (amendment to the Statute of Repose)*. 055 of the Washington Revised Code, homeowners associations may not prohibit members from installing solar panels on their own property. The enforcments and fines and whatnot are spelled out in those governing documents. Jun 15, 2023 · Before a fine can be imposed, HOAs must give homeowners notice of at least 14 days and an opportunity to be heard. To amend the declaration, at least 67% of the allocated votes must agree. —. If you have received a notification that you are in violation of the HOA’s rules, you may want to avail yourself of any appeal rights. HOAs, according Under Section 27-1-70, homeowners associations may not prohibit homeowners from displaying one portable, removable United States flag in a respectful manner. D. Cons. Ron DeSantis on Friday evening announced he signed a bill that would limit some homeowners association fines and increase transparency. To encourage people to pick up after their dogs, for example, an association may set higher fines of Jun 3, 2024 · HOA director education, and bribes. HOAs in Dallas, Texas, may need to consider legal action in severe or repeated violations. Effective date: Immediately | Single-family homes and townhomes under 3 stories. Altogether, you can fine residents a max of $1000 for an ongoing offense. §33-1803 and §33-1243 require that homeowners are given notice of violations and an opportunity to be heard before fines are imposed. You can find the Georgia Property Owners Act in Title 44, Chapter 3, Article 6 of the Georgia Code. Oklahoma State Legislature - Search your state representative and the legislation (or, "statutory law") database. An association is allowed to charge reasonable fines of up to $100 per violation against a member—or any member’s tenant, guest, or invitee—for the violation of provisions in the association bylaws or regulations in the governing documents. A. Discriminate indiscriminately. For Homeowners Associations. Community Association Act. Mar 15, 2024 · Remember, fighting an HOA fine isn’t just about contesting the fine itself but ensuring that the HOA is acting within its legal boundaries and treating all homeowners fairly. It consists of two articles, divided further into sections. Collection Efforts: If fines remain unpaid for an extended period, the HOA may take legal action to collect the debt. Fines can include attorney’s fees, interest on the total amount owed, and a late charge not to exceed 10% of the fine owed or $10, whichever is greater. Although every HOA is different, the Jun 15, 2023 · Charges are considered late 15 days after they are due. In Arizona, including Maricopa County and Phoenix, your HOA has the right to: Regulate rules. [4] In addition, HOAs cannot fine or prohibit the installation of satellite dishes and antennas. However, HOA provisions for evicting tenants Jun 16, 2023 · In Alabama, HOAs are regulated by the Alabama Homeowners’ Association Act found in Title 35 Chapter 20 of the Alabama Code. When a person buys a home in an HOA For Homeowners Associations. The Florida legislature May 3, 2020 · Late Charges, Interest, Fines, and Administrative Fees. Write your HOA to inform them that you are disputing the violation and any fine. 3. 3-107, -113). Jan 6, 2021 · Laws may govern when and how you may issue notices to homeowners and how much you can charge for fines. A newly elected or appointed director must complete education on financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting Jun 14, 2023 · This may include the ability to impose fines or penalties for noncompliance or to take legal action against homeowners who refuse to comply. G. Boards should seek help from an attorney or HOA manager to better understand the limitations of HOA fines if any exist. Liens and Foreclosure: In extreme cases, unpaid HOA fines can lead to liens being placed on the homeowner’s property. Legal Recourse. Aug 22, 2022 · Similarly, several states, including Hawaii, Oregon, Florida, Colorado, and California, have enacted laws to protect a homeowner’s right to install an electric vehicle charging station on their So in most cases, you don't actually "join" an HOA. Feb 15, 2018 · Most HOAs that have fine policies charge a minimum of $25. Pre-Hearing (Notice […] Feb 22, 2017 · No HOA should ever view fines against owners for violations of the CCRs as a revenue source. The declaration and bylaws are binding contracts on property owners within the HOA . It consists of 35 sections, namely: Definitions. New HOAs formed after January 1, 2016 are required to file certain disclosure documents with the local Probate Judge’s Office for them to transmit to the Secretary of State for posting here. [3] An HOA cannot fine a homeowner for (or generally prohibit) the display of the American flag or the State of Minnesota flag. The Arizona Revised Statutes (ARS) primarily dictate these regulations, which apply to both planned community associations and condominium unit owners' associations. However, the law also states that HOAs can levy fines for each day of an ongoing violation. A newly elected or appointed director must complete education on financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting Oct 27, 2023 · 2. For example, Florida law caps HOA fines at $100 per violation. The below is not updated with new changes to the law after 2018! 57-8a-208. §720. Homeowners' association restrictions -- real property rights. Homeowners have the right to elect members to the board of directors and vote on proposed amendments to the community declaration. An HOA can also impose reasonable charges for the late payment of assessments. While every HOA has its own individualized structure, the governing documents Unlike assessments, fines may no longer form the basis of a foreclosure action. It must be reasonable. Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in the state of Minnesota. Ensuring that fines are reasonable and proportionate to the violation is crucial. Homeowners in an HOA can get into trouble for throwing certain items, like A Summary of Arizona Homeowners Association Laws. If you’re unsure about your rights or how to proceed, consulting with a legal professional who understands HOA laws, like those at Fornias Law, can provide clarity and HOA LAWS AND REGULATIONS. Jun 3, 2024 · HOA director education, and bribes. §§ 332. [8] An HOA cannot evict a homeowner. Dec 29, 2023 · Texas law going into effect Jan. There is no bright line rule to make this determination. The right of access to all books and records kept by or on behalf of the association according to and subject to the provisions of § 55. Jan 8, 2024 · HOAs are known for handing out fines if a member violates its rules. On the contrary, a fine should only be imposed when the initial notices are avoided, or when the homeowner and the HOA end up in a protracted dispute. If you are in search of a Lawyer our HOA Lawyer directory is the perfect place to find one. "This includes accounts that are several months past due, which also incur legal fees," he says. HB 2024 incentivizes builders to offer a written warranty for residential construction. Fla. In the most extreme scenario, an HOA could enact a lien on the property or force a foreclosure in order to recoup their assessments and fees. The only way the HOA can collect fines from you is if you voluntarily pay them, or if the HOA files a lawsuit against you to collect them. The fair, consistent imposition of fines is an important way for the Board to signal that it Jun 16, 2023 · In Nevada, an HOA can impose fines on a homeowner for maintenance of common areas, late payments of assessments, and violations of its rules. Instead, the Board must consider whether the fine amount actually serves to deter homeowners from violating the governing documents. Jun 16, 2023 · Before an HOA can impose fines, the HOA must give the homeowner proper notice and an opportunity to be heard. 46:8B-1 et. (N. 005(i); N. Fines cannot be imposed more than once for the same late payment. Like all provisions of an association’s governing documents, fines must be “reasonable. The most common fine at the Syracuse Village Homeowners Association in Denver is a late fee for late assessments or delinquent accounts, says Joshua Casto, the HOA's president. Fines should be viewed solely as an enforcement tool. Contact Your HOA. 604 (S. Like all restrictions, a fine cannot be arbitrary or discriminatory and must be imposed in good faith with the best interests of the association as a whole in mind. May 18, 2023 · Further, it is not uncommon for a roque HOA to use fines and/or fees to harass a homeowner. This does not include fines, late charges, interest, attorneys’ fees, or costs incurred by the association in connection with the collection. Under Arizona law, an HOA may not issue a fine until it first offers you a hearing before the board of directors. Fine for acts that go against certain criteria laid out in their governing bylaws. Spring Valley Homeowners Association, Inc. You can find the South Carolina Homeowners Association Act under Title 27, Chapter 30 of the South Carolina Code. A homeowner has an opportunity to request an informal hearing before the board within 30 days after written notice of the fine being imposed. Community Association Law in MT Jan 17, 2023 · As a general rule, fines should never be the first step taken toward addressing rules violations. Dec 21, 2017 · The authority for an HOA to impose fines is found in the association’s governing documents. HOA rules in Mississippi vary widely. An HOA is also managed by its own governing documents. You can find it under Real Property, Title 11B of the Maryland Code. Oklahoma Real Property Statutes. Homeowners' Associations; Providing requirements for certain community association managers and community association management firms; requiring certain associations to post certain documents on its website or make available such documents through an application by a date certain; providing that an Jun 16, 2023 · Before a fine can be imposed, the HOA must give the homeowner written notice describing the violation, what rules the homeowner’s action violates, and a remedy if it is a continuing violation. According to Section 64. An HOA can charge the greater of either $15 or 10% of the amount unpaid for late fees. In Arizona, homeowners associations (HOAs) are governed by a set of laws and regulations designed to maintain the integrity of community associations. Code § 209. Jun 15, 2022 · Put another way, any HOA lien for fines OR fees and collection costs associated with those unpaid fines cannot be foreclosed. § 47F-3-116 (a), § 47C-3-116 (a)). This act covers all corporations engaging in any type of lawful business. R. Stat. Legal Obligations of HOAs and Their Boards Jun 10, 2022 · An HOA is a legal entity operating in a planned community or a condominium. Colorado House Bill 22-1137 became law on August 10, 2022. Generally, an HOA cannot "sue" you for non payment, but they can levy fines, submit those fines to a collection agency, file a lien against your property, and TAMPA, Fla. Van Gemert, 146 F. Once a fine has reached $1000, a lien may be placed against the resident’s property. The type of violation also influences the fine amount. Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern homeowners' associations, condominiums, and other residential properties in Pennsylvania. This can include filing a lawsuit against the homeowner, which may result in a judgment against them. As for the aggregate limit, HOA fines are capped at $1,000 unless the governing documents state otherwise. Notice and opportunity to cure HOA violations, prior to fines or legal action In Florida, for instance, fines can’t exceed $100 per violation. The Act can also apply to HOAs created prior to July 1, 2009, provided the association elects to Every lot owner who is a member in good standing of a property owners' association shall have the following rights: 1. This applies to fines for all violations, whether they jeopardize public health and safety or otherwise. 00 becomes $50. Alabama only recently enacted laws to regulate homeowners associations. That being said, when it comes to rule violations and fining procedures, most HOAs follow the same basic structure with respect to enforcing rules and assessing fines/penalties. Collection of HOA Fines Apr 4, 2023 · 3. Additional fines can be imposed for each day of a continuing violation but not exceed a total of $1,000 unless the governing documents say otherwise. Fines cannot be more than $100 per violation and cannot exceed a total of $1,000 unless otherwise stated in the governing documents. Charge for payment in regard to maintaining common areas. Step 1: Review the CC&Rs and Bylaws The first step in challenging an HOA fee or fine is to review the CC&Rs (Covenants, Conditions, and Restrictions) and bylaws that govern the State law may also put certain limits on fines. 4. In addition to fines, a resident can be suspended from common areas, assuming they can still In North Carolina, an HOA or COA is entitled to a lien for unpaid assessments and related charges once the amount due is 30 days late. The Indiana Homeowners Association Act oversees the creation, management, authority, and operation of homeowners associations created after June 30, 2009. 1998); Thies v. There are multiple ways HOAs can impose fines on a homeowner. These rules are known as covenants, conditions, and restrictions (CC&Rs), and they define what residents can and cannot do with their properties. However, associations may impose regulations concerning the placement and location of such devices. HOAs formed prior to January 1, 2016 are not required to file documents with the Secretary of State BUT they can if they choose to do so. Most homeowners’ associations require the signing of a contract upon purchase. This statute applies to all planned unit developments, condominiums, townhomes, or other similar developments. Violations of the covenants can lead to enforcement actions by the HOA, which may include warnings, fines, or even legal action. Jan 4, 2024 · CS/CS/HB 1203: Homeowners' Associations. Priority of Recorded Transactions. Homeowners can now sue HOAs for breaching foreclosure laws for a period of up to 5 years following the violation. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. 37. Jun 12, 2023 · HOAs in Texas are regulated by the Restrictive Covenants statute, found in Title 11 of Texas’ Property Code. Chapter 13. Starting January 1, 2024, House Bill 614 clarifies HOA fines related to issues such as overgrown landscaping, parking violations, house alterations, and more. HOAs have the power to place a lien on a property when the owner neglects to pay their dues. This act governs the powers of owners association developments that consist of separately owned lots with common interests. Know your rights. This chapter controls the creation, management, abilities, and operation of these associations. Limits on HOA Powers . The Arizona Planned Community and Condominium Acts, A. An HOA is also regulated by its own governing documents. (WFLA) — Florida Gov. S. You purchase a home that is a member of an HOA. *The above list may not be a complete list of all laws and regulations that govern HOAs in your state. Some HOAs can supplement their revenue by renting Your HOA board determines fine amounts and whether they’re reasonable. The new statute provides that an HOA must adopt certain written policies and procedures regarding the imposition of fines and use of a collection agency or other legal action to collect unpaid assessments. 1 creates new requirements for HOAs regarding fines The ban on DEI initiatives and adjustments to HOA fines are among the 30 laws going to effect on New Year's Day (12) "Homeowners' association" or "association" means a corporation, unincorporated association, or other legal entity, each member of which is an owner of residential real property located within the association's jurisdiction, as described in the governing documents, and by virtue of membership or ownership of property is obligated to pay real property taxes, insurance premiums, maintenance Jun 24, 2022 · Upon cure, the HOA must provide a detailed notice to the unit owner that complies with the statute. Gen. May 30, 2024 · Some sections in this guide were assembled with the help of Gregory S. If the board accuses you of a neighborhood violation, it cannot suspend your pool or clubhouse privileges or start fining you without first holding a hearing. ” Ladick v. Aug 5, 2022 · 3. Although it cannot exceed $100, a fine can be levied every day that a violation occurs. Late fees can be in the amount of $15 or 1/10 of the total late assessment, whichever is greater. Jun 29, 2023 · HOAs and the Law Webinar (3/7/2024) HOA 2024 Complaint Report Webinar (2/7/2024) HOA Five-Year Complaint Report Webinar (6/29/2023) Law Outlines - While South Carolina does not have a comprehensive law detailing how a homeowners association must operate, associations must follow the South Carolina Homeowners Association Act. [4] There are no state laws allowing an HOA to evict a homeowner. Cagle's Texas Homeowners Association Law, 4th edition. That changed this past summer when the South Carolina Court of Appeals decided Brown v. Below, find eight unenforceable HOA rules, plus a few HOA loopholes: 1. The authority to include late charges, fines, and interest as part of a homeowner’s financial obligation to an HOA comes from the HOA’s recorded declaration and the state’s HOA statute. Most HOA fines start at around $25 and increase to $50 and $100 if you don't pay or continue to violate the rule. These fines typically range from $25 to $100 and up, depending on what the HOA’s governing documents outline. The legislation aims to improve communication within HOAs and eliminate surprises in the enforcement of fines. The Act serves more as a guide for associations in terms of the legal structure of their association, powers, and processes. Application of Title. Jun 15, 2023 · The Tennessee Nonprofit Corporation Act found in Title 48 and Chapter 51 of the Tennessee Code has more thorough information on HOAs that are nonprofits for the purposes of this article. 00 for an initial violation. This act governs all HOAs that are real estate cooperatives, time-share developments, or campgrounds. If the violation has been proven, a court may ask HOAs to pay homeowners damages of up to $25,000 in addition to reasonable The general procedure is for the HOA board, or a management company hired by the board to oversee day-to-day operations of the HOA, to send a letter to a homeowner notifying them of a violation of the rules. While HOAs have the authority to impose fines, they cannot contravene South African law. $25. 305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights. If you don’t pay the fine, your HOA may charge late fees that can add up to the point where it could place a lien on your property — and potentially foreclose on it. Make sure that you follow any timelines set forth in the violation or fine notice. Minnesota Collection Agencies Act, Minn. The lien becomes effective when the HOA or COA files a claim of lien with the clerk of the superior court in the county where the property is located. In addition, the HOA must meet strict new notice requirements before it can fine and file a lien for unpaid fines. Its role is to set, monitor, and enforce rules for the properties and their residents. This requires Boards to tailor the fines to the Interestingly, compared to other states’ HOA laws, the Georgia Property Owners Association Act is not as comprehensive. Laws vary widely. 1997). Senate Bill 405, also known as the Tennessee Homeowners Association Act, is a bill that legislators in Tennessee are still considering. Find Your HOA State Laws Below. :The Act applies to condominium associations created after January 7, 1970, and provides a comprehensive legal framework for, without limitation, formation, apportionment of interest, common expenses, and voting rights; association administration and powers; and purchaser protection in New Jersey. Jun 29, 2023 · In most cases, HOAs will try to resolve problems without having to go to court. When enacted, this bill will regulate the operations and management of homeowners associations in the state. The member will be responsible for any filing fees. Fines. Illinois HOA and COA laws provide legal protections against discrimination, establish Jan 17, 2024 · Transparency: The criteria and process for imposing fines should be clearly outlined in the HOA’s rules or governing documents. (1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Please note that CSM is not a licensed attorney and cannot provide legal advice. Supp. To be enforceable, rules can’t be “arbitrary” or “unrealistic,” Kriegstein says. Unit owners, however, are responsible for maintaining and repairing their units and for any damage that they For Homeowners Associations. §§ 3101, et seq. Nov 28, 2023 · In Hawaii, an HOA can foreclose on a homeowner’s house within its community. The interest rate cannot exceed 12% annually. “Rules must be Jul 27, 2021 · The fine policy must allow for the HOA to fine a larger amount. And just because one state has one particular law that mean that it carries over to another state. Under state law, an HOA can take the following actions against members: Fines. Jan 24, 2023 · An HOA may not foreclose on the lien unless the homeowner owes at least 3 months of assessments or $200 of assessments (whichever is greater). HOAs traditionally have documents that regulate themselves. This statute governs any business for the purpose of homeowner and community improvement association. The Maryland Homeowners Association Act controls the creation, authority, operation, and management of homeowners associations in the state. The Common Interest Community Association Act and the Not-for-Profit Corporation Act have been amended to enhance operational standards for HOAs, including record-keeping, budgeting, and providing residents the opportunity to be heard before fines are imposed. Mar 30, 2022 · In order for compliance fines to be enforceable, the Board must ensure that the fines are reasonable. Your Jun 15, 2023 · Usually, HOAs are organized as nonprofits and must follow the Missouri Nonprofit Corporation Law found in Title XXIII Chapter 355 of the Missouri Statutes. Prop. (1) (a) A homeowners' association may not enter into, amend, or enforce a covenant, condition, or restriction in such a way that imposes more onerous restrictions on the types of use of a member's real property than those restrictions that existed when the member acquired the member Laws Impacting New Jersey Associations. 00, which becomes $100. ”. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules. However, HOAs cannot impose a fine of more than $100 for each violation or exceed a total amount of $1,000. HOAs can’t ask just anything of their community members. [5] An HOA cannot fine a homeowner for (or generally prohibit) any of the following: Jun 15, 2023 · Requires an HOA to first contact the unit owner regarding the delinquency by, in addition to sending a notice of delinquency to the unit owner… to provide the unit owner 2 30-day periods to cure the violation before the HOA may take legal action against the unit owner, which legal action for unpaid fines cannot include foreclosure… HOA LAWS AND REGULATIONS. Oklahoma Court System - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more. Why do homeowners have to pay legal fees? Apr 9, 2024 · What are the new Florida HOA laws 2024? In 2023, six bills that reshape homeowner rights and HOA responsibilities were signed into state law. It is important to read and understand all community regulations before purchasing property in an HOA-managed community. Associations are generally responsible for maintaining, repairing, and replacing common elements and are required to maintain property and liability insurance “to the extent reasonably available” (Minn. Pennsylvania Uniform Condominium Act (UCA), Pa. These fines often escalate quickly. Cal. : The Act applies to condominiums created after the Homeowner Rights. If the homeowner fails to comply by removing the violation, the HOA may impose a fine. But if these fines bear no relation to any actual damages that an HOA actually suffers, it raises serious questions whether the HOA can even enforce such fines in the Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. If a lien goes unresolved, the HOA can foreclose on the house. An HOA collecting its own debts does not qualify as a “debt collector” and is therefore not regulated by the FDCPA. Variation of Provisions of Title by 720. When necessary, HOAs can impose fines for rule violations. Chapter 4. J. yyowoopkyvzxjagttngo