QUESTION: Someone has been propping open
the fire doors in our condo building. When the fire department issued a warning
to the HOA, the board posted a letter advising everyone that since they are
unable to determine who is propping open the door, all residents on the floor
would be fined. Is that allowed?
ANSWER:
Your board is taking the same approach my drill instructor took in boot camp--if
one person did something wrong, the entire platoon was doing
pushups until they dropped. This approach to discipline had its use for
creating military order and cohesion but homeowners are not Marines and associations are not
boot camps. Your board cannot fine everyone on the floor, only the
perpetrator, and only after due process.
PEER PRESSURE
FEEDBACK:
If the fire department fines the association and the board levies a special
assessment to pay it, the assessment would be against all
homeowners and the peer pressure would be the same as the
Marine Corps uses. -D.A.
RESPONSE:
Instead of waiting for fines from the fire department and then special assessing everyone,
the board should consider installing a security camera to deter (or catch) the
scofflaw.