Take Responsibility for Your Guests When You Live in an HOA

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.

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More on Noise Nuisances in HOAs-Barking Dogs, Loud Kids

Here we go again on noise. I wrote about noise complaints in February in this blog and suggested some things to consider if you have to deal with a noise situation. Then, recently, I committed an entire E-newsletter to a recent noise case that should have bearing at least on situations where owners change out [...]

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Beth A. Grimm is an attorney who serves homeowner associations and homeowners alike. She is a frequent contributor to the Echo Journal and other similar publications in the State of California and on a national level. She provides several publications written in plain English to help people who need information about California law as it relates to homeowner and condominium associations.

Things to keep in mind about this site: Practical Nuts and Bolts Problems and Solutions are Discussed. Beth A. Grimm practices law in California ONLY! There is nothing in these blogs that is intended to constitute legal advice. You must consult with an attorney if you want legal advice!