Something to keep in mind if your HOA trys to levy a fine for parking: current case law now requires an HOA to prove financial damages to the association before they can impose a monetary fine. (To be clear, I support the intent behind HOA'S and am glad to live in an HOA managed community. However, when boards begin to abuse their power, they need to be put in check. Run for your board! It's very enlightening and you can make a positive change.) Turtle Rock III Homeowners Association, Plaintiff/Appellee vs. Lynne A. Fisher, Defendant/Appellant A recent Arizona Court of Appeals decision will have a major impact on a community associations' ability to validly assess and collect monetary penalties/fines. In this case, the Court found that (1) attempting to levy monetary penalties/fines without a properly adopted fine schedule, which demonstrates the fine amounts and appropriateness of those fines, is per se unreasonable; and (2) even if a community association has a validly adopted fine schedule, the community association still has the burden of proving its damages. As such, a community association must now meet the following minimum requirements in order to validly assess monetary penalties/fines: (1) the owner (or occupant/guest) must be in violation of the declaration, bylaws and/or rules; (2) the community association must provide the homeowner with notice and opportunity to be heard prior to levying the monetary penalty/fine; (3) the monetary penalty/fine must be reasonable; (4) a valid monetary penalty/fine schedule must be properly adopted prior to imposition of the monetary penalty/fine; and (5) the community association must prove damages to obtain a judgment against the owner (note: it may be difficult for an association to prove that it has been "harmed" by the violation and thus is entitled to damages).