2011  Comment from the Web:

I agree that no HOA corporation should ever have any fining power. There are cases in other states (Delaware and Virginia) that make that quite clear. I think fining is being challenged in North Carolina.

The first source of fining from a statutory basis in Texas appears to have been authored by Senator Carona – who of course is an owner/ founder/director, etc. of Associations, Inc. aka “Associa” and its legion of HOA management companies and related businesses. The statute does not “create” a fining power, it assumes the right to fine by inference only. I have no doubt that he is attempting to extend his practices here to Arizona given his acquisition of Lewis Management (in the Tucson area) and other HOA management companies.


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