HOA Policies re Imposition and Collection of Fines

The developers of homeowners associations typically include HOA policies within their governing documents (generally found in the CC&Rs or bylaws) that empower the association’s board of directors to impose fines for violations of the governing documents. If such authority is not directly provided for in the governing documents, there are generally provisions that allow for them indirectly by empowering the directors to adopt rules relating to the management of the development. Fines are not imposed on homeowners as a means of increasing HOA revenue. They are imposed for the purpose of curbing violations of the association’s governing documents by homeowners and for facilitating the association’s directors in fulfilling their duties to enforce the governing documents.

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