Assessment of Fines
General
The violation by any co-owner, occupant or guest of any of
the provisions of the condominium documents including any duly adopted rules and
regulations shall be grounds for assessment by the Association, acting through
its duly constituted Board of Directors, of monetary fines against the involved
co-owner. Such co-owner shall be deemed responsible for such violations whether
they occur as a result of personal actions or the actions of family, guests,
tenants or any other person admitted by or through such co-owner to the
condominium premises.
Procedure
Upon any such violation being alleged by the Board, the
following procedures will be followed:
Notice
Notice of the violation, including the condominium document
provision or rules and regulation violated, together with a description of the
factual nature of the alleged offense set forth with such reasonable specificity
as will place the co-owner on notice as to the violation and together with
notice of the next scheduled meeting of the Board, shall be sent by First Class
or Registered Mail, postage prepaid or personally delivered to the
representative of said co-owner at the address as shown in the notice required
to be filed with the Association pursuant to Article I, Section 2 (e) of the
By-laws.
Opportunity to Defend
The offending co-owner shall have an opportunity
to appear before the Board and offer evidence in defense of the alleged
violation. The appearance before the Board shall be at its next scheduled
meeting, but in no event shall the co-owner be required to appear less than 10
days from the date of the notice.
Default
Failure to respond to the Notice of Violation constitutes a
default.
Hearing and Decision
Upon appearance by the co-owner before the Board
and presentation of evidence of defense, or in the event of the co-owner’s
default, the Board shall, by majority vote of a quorum of the Board, decide
whether a violation has occurred. The Board’s decision is final. The co-owner
does not have a right to be present at the time the vote is taken.
Amounts
Upon violation of any of the provisions of the condominium documents and after default of the offending co-owner, or upon the decision of the Board as recited above, the following fines shall be levied:
| First violation | No fine shall be levied | |
| Second violation | Twenty-five dollars ($25.00) fine | |
| Third violation | Fifty dollars ($50.00) fine | |
| Fourth violation | One hundred dollars ($100.00) fine | |
| Subsequent violations | Five hundred dollars ($500.00) fine |
Collection
The fines levied above shall be assessed against the
co-owner and shall be due and payable together with the regular condominium
assessment on the first of the next following month.