Fines assessed by HOA w/o proper notification
real estate attorney California Aug 18, 2026
Location: California Assisting a senior family member with a fight they’re having with what is essentially an HOA/landlord hybrid non-profit My relative had a visitor that’s banned from the area they live in. The bylaws of the HOA lay out both the process for any sort of formal notification (USPS mail to last known address) and the procedure for punitive fines (first notice is a warning, followed by additional notices to include fines). Their Board levied fines after a verbal notification at a membership meeting that never had a follow-up formal written notice. They (the board) have since fined my relative additional times for the same violation when the circumstances were beyond their control (break-ins and the like). The fines are currently $1000 (for the record, the first fine is supposed to start at $25 and they started at $500) and my family member has refused to pay them. Now the HOA board is attempting to expel them for nonpayment (which would lead to an eviction). I’m trying to assist my family member fight the fines and this proposed expulsion but don’t know what their best avenue is. Small claims court? Something involving breach of contract? The HOA board is unsympathetic and are known for shady behavior. Could they recoup the cost of obtaining a mediator from the HOA if it came to that?
