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Analyze the HOA's monitoring responsibility
The contract states: "The HOA will monitor overnight parking not less than once every calendar week..."
"Not less than once" means at least once a week. Therefore, option (a) "monitor overnight parking at least once a week" is a responsibility of the HOA.
Analyze the first infraction policy
The contract states: "...the homeowner will receive one (1) written warning asking him or her to correct the situation."
This refers to the first time a car is found parked overnight. Therefore, option (b) "give a written warning for the first infraction of overnight parking" is a responsibility of the HOA.
Analyze the second and third infraction policy
The contract states: "A second and third infraction by the same homeowner... will result in a monetary fine as permitted by CC&R guidelines and HOA bylaws."
The contract specifies a monetary fine for the second and third infractions, not a written warning. Therefore, option (c) "give a written warning for the second infraction of overnight parking" is NOT a responsibility of the HOA.
Analyze the towing policy for multiple infractions
The contract states: "Further infractions (past 3) will result in monetary fines in addition to the towing of the car..."
Five nights in a row constitutes 5 infractions, which is "past 3" infractions. Thus, towing the car is a permitted action/responsibility of the HOA in this scenario. Therefore, option (d) is consistent with the contract rules.
Identify the correct option
Using HOA Rules Analysis, we compare the options to find which one is NOT a responsibility of the HOA. Option (c) is the correct choice because the second infraction results in a monetary fine rather than a written warning.
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- (a) monitor overnight parking at least once a week
- (b) give a written warning for the first infraction of overnight parking
- (c) give a written warning for the second infraction of overnight parking (Correct answer)
- (d) tow the car of a homeowner who has parked in the street overnight five nights in a row