Manic episode triggers $2600 fine from HomeOwners Association
If you’ve ever wanted to know anything about HOA rules and regulations – what’s legal and what isn’t – I highly recommend subscribing to Davis-Sterling’s newsletter. They are a law firm that specialize in the often gray area of Condominium HomeOwners Associations in California. Their weekly newsletters are full of what amount to hilarious (but more often legitimate) questions and answers. I keep meaning to post about swim diapers and how the Center for Disease Control has strictly banned them as well as non toilet trained kiddies from public pools.
MANIC BEHAVIOR
QUESTION: When I was manic last year, I put trash in front of another homeowner’s door and during the period of one hour, I walked back and forth to her door 13 times which was on the surveillance camera of the pool deck. The board fined me 13 x $200 = $2,600 saying it was justified even though it was one incident. Now they are threatening to file a lien on me if I don’t pay it in 30 days. They refused internal dispute resolution and alternative dispute resolution. Can they refuse my request?
ANSWER: Your manic behavior probably scared the daylights out of everyone and earned you a well-deserved fine. The size of the fine may or may not be deemed reasonable by a judge. It will depend on whether the judge believes your actions constitute one incident or 13 incidents. You’re lucky the owner didn’t seek a restraining order. Regarding the threat of a lien, the board cannot lien your unit for unpaid fines. Civil Code 1367.1(e) As for ADR, the board is not required to accept your request for mediation or arbitration. However, the board should not refuse your request for “internal dispute resolution.”
Reprinted from Davis-Stirling.com by Adams Kessler
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