: Is it legal to fine someone twice on the same violation if they refuse to pay the first fine and have remedied
what the fine was for in the first place?
ANSWER: The imposition of monetary penalties requires due process, which must be done in accordance with the association's published fine policy. I've never seen language in any governing document that allows a board to levy fines on unpaid fines or two fines on a single violation.
If your board had a written, published policy that allowed for fines on fines, I suspect a court would find it unreasonable.
. If an owner refuses to pay a fine, boards have two options.
first is to take the person to small claims court for a judgment in the
amount of the fine. This approach is not always successful--small
claims judges are a bit unpredictable.
The second option
is to hold a hearing and find
the person "not in good standing
" and suspend their privileges and voting rights until the fines are paid.
: Boards should have their association's legal counsel review their governing documents and advise them on how best to levy and pursue monetary penalties.
: Associations needing legal assistance can contact us
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