Thursday, August 21, 2014

Will you be safer giving the Association authority to fine you?

The Board of Directors have abused their power. They assessed fines when they had no legal authority to do so.

At Southampton, one homeowner was unlawfully fined several hundred dollars for his door, and had to spend about $3000 for the initial installation and reinstallation of the old door before he could sell his unit. Another was unlawfully assessed a late fee during management change — eventually received a refund for the unlawful fine.

Google homeowner fine lost home — here's what can happen: $288 in unpaid fees, homeowner association took her home; in another case, stuck with the association's $70,000 legal bill, homeowner lost his home to the bank; a veteran could lose his home for displaying a small US flag.

In the past, the Association was able to enforce the Bylaws without abusing their power. They did not require additional powers. However, fines for some limited purposes, such as late payment or non-payment of monthly dues, may be acceptable.

The Condominium Act, § 55-79.53. Compliance with condominium instruments, provides recovery of attorney fees for enforcing compliance — particularly, in "actions against a unit owner for nonpayment of assessments".

Will you be safer giving the Association authority to fine you?