hoa vandalism
Can HOA apply state laws instead of By-Laws and CC&amp;Rs to write a citation?
<p>HOA in Georgia. I have applied a removable sticker that said &quot;this is not an HOA sponsored event&quot;  on a fundraising poster that was placed on the Common Property by another resident. Our HOA requires such disclaimer and this poster did not have it. Next thing I know , I received $600 citation from the Board for vandalism. I checked our By-Laws and CC&amp;Rs and there is absolutely no regulation that addresses vandalism, the citation did not include which regulation was violated ( as required by our governing documents), it just said for vandalism. When I had a meeting with the Board about it and HOA attorney was present, he quoted some chapter from state law about vandalism. First of all, I did not damage anything because the sticker was removable and the poster was plastic, but most importantly : can HOA use state law or federal law instead of governing documents to give members citations?</p>

<p>State law may provide for criminal prosecution for vandalism, which could result in a fine or even imprisonment. The state can prosecute you, private individuals cannot. Fines imposed by a private organization are only enforceable through contracts, where damages could be recovered, but penalties cannot be assessed. (&quot;Late fees&quot; are in the class of &quot;liquidated damages&quot;, where the agreement says what the late fee is – they don't just make up a number). <a href="https://law.justia.com/codes/georgia/2010/title-44/chapter-3/article-6/44-3-223" rel="nofollow noreferrer">Ga. Code § 44-3-223</a> does require you to &quot;comply with all lawful provisions of the property owners' association instrument&quot;, but if it isn't in the instrument, you do not have to comply.</p>
