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submitted 3 days ago* (last edited 3 days ago) by sleeplessone@lemmy.ml to c/usa@lemmy.ml

cross-posted from: https://lemmy.ml/post/34311432

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[-] Kazumara@discuss.tchncs.de 1 points 1 day ago

I found an FAQ by an Association Management Company (professional HOA support people maybe?) that proposes to ensure rewriting the HOA rules to clearly state that each daily occurrence is a separate violation as a "fix" for this new law (which they hate of course):

Are daily fines permitted?
The amendments to Section 5850 state that the $100 fine cap is per violation. Therefore, daily fines are not permitted. However, what constitutes a “violation” is not addressed in the law. Associations should consider revising their fine and enforcement policies to eliminate ambiguity and expressly state that each day a violation remains uncured constitutes a separate violation subject to a distinct fine. In using this approach, the notice of hearing should identify each day the noncompliance as a separate violation, with the date of each violation clearly stated. At the hearing, the board should consider each item and decide and issue a fine (if appropriate) for each violation. Keep in mind that if the violation is cured by the date of the hearing (including health or safety related violations), or if the violation is of a nature that could not be cured by the time of the hearing and the owner has entered into a financial commitment to cure the violation, the owner cannot be fined, and no disciplinary action may be taken.

Of course they are not impartial here. And I don't know how it would go in a lawsuit. But it seems like a lot of HOAs might try this.

this post was submitted on 07 Aug 2025
172 points (97.3% liked)

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