> homeowners are breaking rules designed to protect property or common areas
Fines are administrative. If someone is causing property damage, that’s liability—indemnification (where the homeowner pays the HOA’s legal fees) should be sufficient.
No, I think they meant protect property from damage. Lawsuit is a high bar for action.
If I go into a private gym and start smashing things, they would want to fine me and kick me out, but it may not be worth several thousand dollars to sue me for the damages.
Fines are administrative. If someone is causing property damage, that’s liability—indemnification (where the homeowner pays the HOA’s legal fees) should be sufficient.