A RESIDENT was charged over $2800 in parking violations by his Homeowners Association.

Alberto Hernandez received thousands of dollars in fines for several HOA fractures, including leaving his car unattended while unloading groceries and for people parking in front of his garage.

The San Jose man told KNTV that, most of the time, the cars breaking the parking rules were not his, so he didn’t think the fine would apply to him.

“They were not my cars,” Hernandez said in Spanish. “So, I thought it was unfair that they sent me the ticket just because I am the property owner.”

Hernandez is just one of many Garden Park Village residents in San Jose, California, to be charged exorbitant fines for violating the community’s rules. 

Liliana Alvarez, a condominium complex resident, has owned her condo since 2009 but slammed the HOA for ‘ridiculous’ fines.

“They’re charging us ridiculous fines and they have no respect for privacy,” Alvarez told KNTV. 

“I think those two are the main concerns that we as residents there have. And it’s not only homeowners, it’s something that also affects the renters here.”

Residents are allowed to appeal their violations via a Zoom call, but some claim that they rarely win the appeal. 

“It outrages me because this is supposed to be our home,” Alvarez said. 

“Some people are in the dilemma of either paying rent or paying thousands in fines.”

Alvarez has been fined 10 times for parking violations, having her fence too high, and adding a wood covering for her air conditioning unit.  

Just like Hernandez, Alvarez was fined for not being at her vehicle as she was unloading groceries into her home.

“I have a truck, it does not fit in the garage,” she said. “So, I have to unload my groceries.”

Alavarez’s 10 fines total over $1800, with each parking violation costing $175 each.

“They’re charging us ridiculous fines and they have no respect for privacy,” she declared.

Alvarez said that in early 2024, the HOA installed surveillance cameras which has worsened the fines for residents. 

Dozens of Garden Park owners and renters have held meetings to discuss how to approach the mounting HOA fines they’re facing. 

What is an HOA?

One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?

• An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
• Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
• They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
• Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
• They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
• Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
• An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
• Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
• HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
• But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.

“We are stressed, we are mad, we are harassed,” said one resident about the fines.

“This has to stop!”

The U.S. Sun contacted the HOA for comment but did not receive an immediate response.