Question:

Can I legally impose a fine?

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My homeowners association has gone crazy imposing fines on the neighborhood for the slightest infraction or their rather vague rules and regulations. As they have not mowed or maintained the community park across the street from me, I am wondering if there is a way I can impose a fine against the homeowners association for failure to maintain the property we pay them to keep up?

For that matter, could I fine for other issues, such as unsolicited flyers on my doorstep(littering on private property)? Would there be a legal way of notifying them of the fine I impose on them, and then report them to a credit bureau, or something similar??

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4 ANSWERS


  1. You will have to read your homeowners policy.  If it says that they will maintain upkeep of the grounds and are in breech of their contract, bring it to their attention in documentation, also include pictures of the area... and always keep a papertrail. You can also attend all the homeowners meetings and make a stink there, and be sure to bring other homeowners with you. Hope this helped...Good Luck!


  2. Read the HOA rules and find out exactly what they provide by imposing these fines and for what reasons they CAN impose fines.  If the HOA does not hold up it's end of the contract....Notify the HOA in writing that you and the other home owners expect them to fulfill their end of the agreement.  If they refuse, take them to civil court and have the HOA dissolved or fined and the money dispersed among the homeowners.  This may be costly since lawyers love to drag these out so they can make money off the whole mess.  If the HOA refuses to clean up around the park and neighborhood as they are supposed to, go to the meetings and find out who is actually responsible - then sue them in civil court.

  3. If it is written in writing, that they will keep up the property, than you might be able to get away with doing so. However, you cannot impose a fine upon someone who has higher power over you, with out going to court first probbably.

    So in reality; it is going to cost a lot more than this fine.

    And a credit bureau has nothing to do with this. A credit bureau goes after debt (As in money that is overdue on credit cards)

    Your best bet would probably be making a petetion.  

  4. How tall is the grass at the community park across from you? Most cities/counties have ordinance on how tall weeds and grass can be. Most of the time, it is 6-12 inches. If they are in violation, contact your local police or code enforcement.

    You probably can not impose fines on your HOA unless it's in the bylaws. Fines like this are a civil matter and unless there is some sort of contract  stating *you* can penalize them, then you can not.  And them placing fliers on your doorstep is probably not littering since you probably agreed to except them when signing all your paperwork when you bought the house.

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