For continuing violations, boards need the ability to impose daily fines so as to encourage compliance with the association's rules. For example, if the CC&Rs limit owners to one dog and an owner has 3 dogs, the board (after proper written notice
and a hearing
) may impose a daily fine until such time as the violation is cured. Or, an owner who paints his house blue when the color scheme for the development is earth tones may receive a daily fine until the house is painted with an approved color.
Waiver of Fines.
The fines should not be viewed as an opportunity to supplement the association's budget. Rather, they are a mechanism to induce compliance. Accordingly, the board should be willing to waive the fines if the owner complies within 30 days of imposition of the fines. The board's willingness to waive the fines should be included in the letter to the owner.
Refusal to Comply.
If the owner refuses to comply, the board must then take legal action and seek a court order as well as judgment for the fines which continue to accrue until judgment is entered.
Allowance for Fines.
To minimize legal challenges to the imposition of a daily fine, boards should revise the fine schedules in their Rules and Regulations to specifically allow for daily fines.
: Associations needing legal assistance can contact us
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