Repeat and Continuing Violations

Associations cannot discipline a member without due process. The accused must be given the opportunity to contest each alleged violation. Most importantly, there is a difference between repeat violations and continuing violations.

An example of a repeat violation is where an owner violates a rule by letting his dog off the leash. The board holds a hearing and fines him. The next month the owner's dog is off the leash again. That requires a separate hearing and another fine. The following month she does it again:

Another hearing must be held and another fine imposed. The rules may allow for escalating fines: $100, $200, $500, but each incident requires a separate notice, a separate hearing, the presentation of separate evidence and a separate written decision by the board.

A continuing violation is a single violation is a single violation that persists. For example, if an association limits owners to one dog of no more than 30 pounds and an owner moves in with a 180 pound dog, the board may impose a daily fine against the owner until such time as the dog is removed from the association. In the case of a continuing violation, the board holds one hearing and imposes a continuing fine for the continuing violation. An example would be a fine of $50 per day. Generally, boards should not impose more than three fines for the same violation. Fines are imposed to deter serious violations of the CC&Rs and Operating Rules. If three fines haven't solved the problem, fines are not likely to work and the board should take legal action against the owner.

San Diego HOA Management