When it comes to the method of delivery for any HOA Notice of Violation, California Civil Code §4040 dictates that notices must be sent: However, in most cases, when members of a community violate rules/policies, the first step a board takes is to give a warning or Notice of Violation.ĭepending on the HOA’s Covenants, Conditions and Restrictions (CC&Rs), this Notice of Violation can serve as merely a written warning (giving the homeowner/tenant an opportunity to course-correct in order to comply with the rules/policies), or it can serve as a Notice of Hearing when the HOA board will meet to consider (and possibly impose upon a member/homeowner) a monetary penalty, a daily fine, and/or a suspension of privileges. There are some rare instances when HOAs address certain violations by moving forward with a fine – no warning given. 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. 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.
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