Here is a question about taking responsibility for the actions of guests.
“I live in a beautiful gated community in [_______]. I had one quick question. Is it legal for HOAs to fine a homeowner if one of their guests is caught speeding in the neighborhood; by a security guard, not a legal law enforcement officer? I was told that I am responsible for all my guests who enter into our community. But how can I control if they speed or not when I’m not even in the car with them?”
This is an easy one. An owner is responsible for the actions of his or her tenants, visitors, guests, and service vendors the owner invites (or does not invite but attracts) whether the owner is present or not when the violation occurs. It is the responsibility of owner to talk to any persons who are coming to the development to visit the owner or live in their home and tell them not to break the rules. If the “friends” do not listen, don’t invite them back.
That said, there should be a fair hearing process in place before the board fines any owner. It’s also the law in California. And once a hearing has been noticed, held and a proper decision provided to owner, then the owner should definitely tell their guests in the future to follow the rules.