Letters to the Editor: HOA fine cap a step in the right direction, but there’s still work to be done
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To the editor: As a homeowner member of an HOA, I am pleased with the enactment of Assembly Bill 130 limiting the fines charged to homeowners to a cap of $100 (“She faced $500 daily HOA fines for an unapproved door. A new state law saved her,” Aug. 1). However, what the article does not tell you is that the Davis-Stirling Act is not enforced by any state government agency.
Since the law consists of civil codes, it is only enforceable through these actions: If a HOA board of directors violates any of the sections, homeowners can recall the board, request a resolution through internal dispute resolution or alternative dispute resolution using a third-party mediator or file a case in civil court against the board. All are time-consuming, costly and may not resolve the complaint. If Jinah Kim’s HOA continues to fine her as noted, they could place a lien on her property for non-payment. She might then need an attorney to seek relief from the court, which would cost her time and money.
The Davis-Stirling Act was written by attorneys for attorneys. The Legislature needs to designate an agency to enforce this act and relieve homeowners from having to take legal action on their own.
Frank Deni, Lake Forest
