We are often asked if an HOA can fine owners for violations of the CCRs. The answer is yes, but only if:
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- The CC&Rs clearly provide the HOA the power to fine;
- A notice is hand delivered to the owner or sent via certified mail at least 30 days before of a director’s meeting where a vote on whether to levy a fine takes place; and
- A majority of the HOA directors vote to levy the fine.
Each of these requirements must be met or the fine violates Idaho law. Idaho Code Section 55-115.
Keep in mind, if during the 30 days before the meeting, the member takes steps to fix the problem, a fine may not be levied. As long as a member continues in good faith to try to fix the problem, the HOA has to wait.
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This blog is not legal advice and does not create an attorney-client relationship with our firm. The content is intended to promote a general understanding of legal concepts and should not be relied upon as a substitute for obtaining legal advice from a qualified attorney regarding the reader’s specific circumstances. Readers should consult legal counsel for advice concerning their individual situations. All content is provided without any representations or warranties regarding completeness, accuracy, or timeliness.