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.


Operating Rules Available

Coast Management of California