Residents face HOA fines as high as $10K for open windows in sinking San Francisco tower

The tower previously made headlines for its engineering problems and subsequent structural issues like leaning and sinking back in 2020.

The tower’s windows are also less than sturdy. In one incident, a window came loose from the 49th floor, slamming against the building and sending debris into neighboring buildings. Although nobody was injured, local authorities ordered the tower owners to install stronger support arms for the windows. Four years later, the work is finally being done.

Meanwhile, the tower’s homeowners association is attempting to prevent further damage through fines. Until all the windows are reinforced, the HOA is fining residents up to $10,000 for leaving their windows open when they are not home or during wind events, in addition to any damages the windows cause.

Here’s the question: Can an HOA subject its members to such high fines in the name of safety and security?

Do homeowners associations have the power to levy fines?

The role of a homeowners' association is to govern the community and ensure appreciation of property values through rules and regulations. Communities can come in different shapes and sizes, ranging from planned housing developments to condominiums, and even — in the case of San Francisco — apartment ownership in a tower.

It’s often mandatory to join the HOA as a condition of home ownership, which comes with monthly or annual dues. To create new rules or enforce current rules, the HOA’s board must meet and come to a consensus with the assistance of its membership, which elects the directors.

For Millennium Towers, the HOA retains the right to increase fines for window violations to $10,000 per event, if the board were to vote for it per their bylaws. A property attorney who deals with condo association laws told NBC Bay Area that the safety concerns could justify the high fines.

“It is incumbent upon the board to make sure that the residents and the structure itself are properly protected,” lawyer Sandra Gottlieb said.