QUESTION

How are fines from a homeowner's association legal?

Asked on May 13th, 2014 on Landlord and Tenant Law - New York
More details to this question:
I am trying to figure out what law grants home owners associations the authority to legally fine a homeowner? From my readings, I can't find a single state that allows penalty clauses in civil law but I see no disputes on homeowner’s association or condo association fines. Am I missing something? From my readings in civil law, the only remedy close to a fine is liquidated damages. They are legal because they are a pre-agreed way to compensate purchaser, who has suffered loss as a result of actions (or inactions) by the other. A penalty is intended as a punishment for some sort of failure and bears no relation to the actual quantum of loss suffered. A fine like this is unenforceable as only the government is granted that type of authority. Since violating a homeowner’s association bylaws like watering the lawn on Sunday or allowing a repair man after hours is causing no harm or loss, where do they get the authority to impose a fine? I ask because when my attorney writes me a standard wholesaler contract, I am always told that penalties are unenforceable and can only use an LD that assesses my losses. Am I missing something that a HOA is allowed to do something that an ordinary citizen cannot? Has this just never be challenged and people just pay the fine?
Report Abuse

1 ANSWER

Landlord Services Attorney serving Peekskill, NY at Malia Law, LLC
Update Your Profile
The HOA/Condo by-laws and declaration, which are generally recorded, impose the fines. When someone purchases a condominium unit or house in a home-owners association they become bound by those by-laws and declaration.
Answered on May 14th, 2014 at 12:43 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters