Condo Media - October 2022 - 29

Impose a Fine
or Enforcement
Restriction
If the courtesy reminder and formal violation
letters do not lead the unit owner to correct the violation,
it is probably time for the board to impose fi nes
or other enforcement restrictions.
The ability to levy fi nes against a unit owner is arguably
the most effective tool association boards can use
to enforce the condominium's rules and regulations.
Fining restrains problematic conduct, limits repeat
offenders, and protects unit owners from bad neighbor
behavior. Fines are typically addressed at the outset of
the development of the association through provisions
in the condominium governing documents. Generally,
the governing documents articulate the board's
authority to fi ne and either set forth a specifi c fi ne
amount or, alternatively, provide that the board may
from time to time set reasonable fi nes.
The effectiveness of fi ning is largely dependent on
the authority conferred upon the board in the governing
documents, including but not limited to whether
the board is empowered to adjust the fi ne amount
over time. When the governing documents set
specifi c fi ne amounts and do not empower the board
to reset the amount over time, the set amounts will
become outdated. For example, if the fi ning authority
of the board is so low that it is easier (and possibly
cheaper) for the unit owner to pay the fi ne than comply
with the regulation, than fi ning is unlikely to be
an effective tool to address violations. On the other
hand, if the fi ne is disproportionate to the violation
and/or the unpaid penalty continues to pile up, the
unit owner may disengage and refuse to pay the fi ne.
Association boards should also be careful not to
allow fi nes to morph into an amount that is clearly
excessive considering the violation and should always
consider whether the specifi c circumstances of the
unit owner warrant leniency. Similarly, although fi nes
can be very effective, boards should avoid over-imposing
fi nes and earning a reputation of being heavyhanded.
It is always preferable to resolve violations
before the imposition of fi nes becomes necessary.
An alternative and equally effective tool to fi ning is
the imposition of enforcement restrictions to address
violations of the condominium rules and regulations.
As with fi ning, the best practice is to address enforcement
restrictions at the outset of the development
through provisions in the condominium governing
documents. The governing documents should empower
the board to impose reasonable restrictions in lieu
of fi nes that restrict access to site amenities including,
for example, the pool, clubhouse, gym, or common
roof deck until the unit owner corrects the violation.
Engage in
Self-Help
Very often governing documents allow the board to correct
a violation, at the unit owner's cost, if the unit owner fails
to correct a violation in a timely manner. If the governing
documents of the condominium allow the board to engage
in self-help, it is important that the board specifi cally follow
the procedures outlined in the governing documents
prior to rectifying the violation.
governing documents allow the board to correct
a violation, at the unit owner's cost, if the unit owner fails
to correct a violation in a timely manner. If the governing
documents of the condominium allow the board to engage
in self-help, it is important that the board specifi cally follow
the procedures outlined in the governing documents
prior to rectifying the violation.
Initiate
Litigation
There will be times when fi ning
and/or enforcement restrictions do
not resolve an issue. When that occurs,
and if no alternative exists to correct a
violation, the board has the right to fi le an equitable
claim for relief requesting an order for an injunction
to enjoin the unit owner from continuing to
violate the rules and regulations. Before initiating
litigation, the board should work closely with an
experienced condominium lawyer to achieve the
best possible result. If the board is successful in
obtaining an order from court, the unit owner will
be responsible for costs and attorneys' fees incurred
by the board in pursuing relief.
October 2022 CONDOMEDIA 29
Condo Media - October 2022

Table of Contents for the Digital Edition of Condo Media - October 2022
