Home Owners associations do have the right to make rules regarding the maintenance of property located in the HOA. That said, you don't have to accept the HOA's failure to enforce the rules against you properly. Unfortunately, your options are limited if you are concerned about the cost of the fine. For example, if you have paid the fine, but do not think you owed the money, you can sue in small claims court to get the fee back. This takes time and a filing fee of almost $100. (The last time I looked a few years ago, it was $75. It may be more now.) Sometimes the defendant in small claims will hire an attorney, whose fees would be paid out of your HOA's budget, which affects you and your neighbors personally. If you refuse to pay, the association may make your life difficult in accordance with the HOA rules. Sometimes this includes taking away your right to vote, cutting off non-essential utilities, and withholding other privileges until you pay the fine. If you still have a right to vote, you can vote and campaign to get the current HOA leadership out of office. Politics may come into play here and you may need to make a friend or two on the governing board to get someone to advocate on your behalf at board meetings. When the fine is relatively small, it is often more trouble than it is worth to fight it. This is not fair, but is a common problem in many HOA's.
Answered on Aug 23rd, 2013 at 11:22 AM