Real Estate & Property Law

Must a Board Give An Owner A Chance to "Cure" Before Fining?

In a recent email message a reader writes:

"Beth, is it required for the HOA to send a Notice and give the condo owner a chance to remedy the issue before a fine is issued ?"

The answer in California law is that it is necessary to give a hearing notice before fining, but the law does not require that the board give an owner a chance to cure. Whether it is fair or not really it depends on the circumstances. For example, If someone has done something or failed to do something that can be reversed or fixed by the owner, I believe the board should give the owner the opportunity to fix the problem before a fine will be considered. But if the problem cannot be fixed, or the owner has been warned on prior occasions, or the situation if left unattended might invite others to do the same thing, the board might be justified in fixing it right away without further warning.

Full post as published by California Condo & HOA Law on May 04, 2010 (boomark / email).