We are often asked if an HOA can fine owners for violations of the CCRs. The answer is yes, but only if:
- 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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