Can HOAs legally impose fines?

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Can HOAs legally impose fines?

Asked on July 13, 2011 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

To answer your question, the first step is to actually review the "covenants, conditions and restrictions" that are recorded as to your property by the homeowner's association to see what powers it has to impose fines.

Most planned unit communities that have such "covenants, conditions and restrictions" in place to maintain a semblance of order as to all property owners who have real property as part of the association and such "covenants, conditions and restrictions" as a general rule allow the homeowner's association to impose fines against a given homeowner for a possible rule violation.

However, the association has to follow protocol and guidelines for imposing any fine under the recorded rules.


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