HOA rules state "Owner is responsible for ...tenants, guests, invitees, contractors and service providers", and in practice this has served the community well. Recently the HOA has issued fines to Owners for FedEx and UPS driver speed violations, the argument given being that these drivers are delivering to the Owner's residence and hence fall under the service provider description.
Owners must approve entry for any guest or contractor, etc, via a computerized system. FedEx, UPS, and private mail delivery vehicles are not req'd to obtain such approvals and are allowed entry as needed.
Do Owner's have recourse to oppose these fines as they are service providers but also would seem to be materially different than a contractor hired and given access by an Owner? Are Owners also liable if a mail carrier violates the speed limit, and if so which Owner would be fined considering these delivery vehicles typically make several stops within the community on each visit? An Owner may have some effect on a guest's behavior through prior contact and explanation of the HOA rules, but deliveries preclude similar scenarios.
You are asking for way too much detail in a forum like this. What do your documents say about fining. Here in Florida state law allows fining and imposing fines for guests and service people is hard to do. Even tracking them to a home is hard. You should contact counsel or better yet get on the Board.
I am only admitted to practice in Florida so my answers in other states are based on 35 years of experience in this field and are not legal advice. This reply does not create the attorney client relationship, which only occurs upon execution of a fee agreement with our firm. Please do not contact us for followup advice on these general observations.
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