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[SpankMe]

70. Not sure what you're saying

The law says nothing about capping HOA fees or capping "charges for regular upkeep," as you put it. Rather it caps fines at $100...unless there are health or safety impacts. The intent appears to be to prevent someone for being charged a $500/day fine for changing a door header that is entirely interior to a home or condo that they own.

There is nothing in this new law, or in existing Cali HOA law, that allows people not to pay common charges for regular upkeep. HOA's can charge any monthly fee necessary that is commensurate with the needs of common area maintenance. Non-payment of fees can result in foreclosure if it's in the CC&R's. This law doesn't change that.

The residents of the Champlain Towers in Florida refused to provide necessary funding to repair ongoing structural decay of their building. This lack of funding came from a stubborn refusal to believe engineering reports about the building's structure, and from residents just not wanting to part with the cash necessary to fix it up. The lack of funding did not come from their inability to fine old ladies $50/day for having the wrong color petunias on their balconies.

I know the HOA's need a deterrent for repeat or non-compliant violators. But the HOA's brought this on themselves with notorious cases of excessive fines - up to and including seizure of homes - for petty violations like patio umbrellas that are the wrong color or a car being parked wrong.

This new law might need a tweak. But I wholly agree with the intent.