Fines Allocation and Compliance ; defined and adopted at a duly posted and attended Board Meeting.
First Offense Second Offense Third Offense+ *Daily
$100.00 $260.00 $390.00 $65.00
*Continued violation within 30 days of notice may be assessed a daily fine 1/4 month’s assessment.
The Association’s Declaration, Section 9.3 Fines, provides: “The amount of any fine shall be determined by the BOARD, and shall not exceed one month’s ASSESSMENT for COMMON EXPENSES for the first offense, two months’ ASSESSMENT for COMMON EXPENSES for the second similar offense, and three months’ ASSESSMENT for COMMON EXPENSES for a third or subsequent similar offense. Notwithstanding the foregoing, if any violation of this DECLARATION or the Rules and Regulations is of a continuing nature, and if the OWNER fails to cure any continuing violation within 30 days after written notice of such violation, or if such violation is not capable of being cured within such 30-day period, the OWNER fails to commence action reasonably necessary to cure the violation within such 30 day period or shall thereafter fail to proceed diligently to cure the violation as soon as is reasonably practicable, a daily fine may be imposed until the violation is cured in an amount not to exceed one-fourth (1/4) of one month’s ASSESSMENT for COMMON EXPENSES. Prior to imposing any fine, the OWNER or tenant shall be afforded an opportunity for a hearing after reasonable notice to the OWNER or tenant of not less than 14 days, which notice shall include (i) a statement of the date, time and place of the hearing, (ii) a statement of the provisions of the DECLARATION, BYLAWS, or Rules and Regulations which have allegedly been violated, and (iii) a short and plain statement of the matters asserted by the ASSOCIATION. The OWNER or tenant shall have an opportunity to respond, present evidence ……. If the OWNER or tenant fails to attend the hearing as set by the BOARD, the OWNER or tenant shall be deemed to have admitted the allegations contained in the notice to the OWNER or tenant. Any fine imposed by the BOARD shall be due and payable within ten (10) days after written notice of the imposition of the fine or, if a hearing is timely requested, within ten (10) days after written notice of the BOARD’S decision at the hearing. Any fine levied against an OWNER shall be deemed an ASSESSMENT, and if not paid when due, all of the provisions of this DECLARATION relating to the late payment of ASSESSMENTS shall be applicable. If any fine is levied against a tenant and is not paid within ten (10) days after same is due, the ASSOCIATION shall have the right to evict the tenant as hereinafter provided. "
In order to preserve the integrity of the process, the Board of Directors and Allied Property Management Group, Inc are not involved in any decisions made by the fining committee. There are no appeals and the decision of the fining committee is final.