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Group Fines

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.

Adams Kessler PLC

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