Z.O. from Garland County, Arkansas writes:
Dear Mister Condo,
Have new board and changed the fine amount from $100.00 to $250.00 because of ongoing issue. They said and sent a mass email out as a warning letter and no one will get a warning letter giving you 30 days notice to fix the issue before board fines you. No hearing, no warning letter or notice, just a $250.00 fine, an unreasonable amount! The board has made it where we cannot tie boats up to the board walk and that’s were every one parked while using their boat and guest parked. I have made it where we can’t park boats on boardwalk or park at the end of boat docks. They done this so we cannot have visitors by boats as there is nowhere to park. No reason for them doing this besides. Can board change fine amount when dealing with ongoing issue? Is 250.00 an unreasonable amount for a fine? Can board fine me without giving me a warning letter, hearing? Can board make it where you cannot have guests by boats? Boardwalk was made to tie your boats up to and end of boat docks!
Mister Condo replies:
Z.O., without reviewing your governing documents, it is difficult for me to give you a terribly detailed reply. Typically, common elements such as your Boardwalk and any other amenity owned by the condo associations are under the direct control and management of the Board. Unless you can identify a clause in your governing documents that allows guests to use the boat docks the way you have suggested, the Board is well within their right to limit the use as they see fit. In this case, they are saying that the boat docks may not be used by guests, which is their right and may also limit the liability to the association if a guest were to be injured using the boat dock. The Board can change he fine amounts and while $250 may seem unreasonable to you, the Board may have felt that the $100 fine wasn’t enough to discourage residents and guests from improper use of the amenity. As long as they follow the rules for changing the fines and the procedure for issuing the fines, they are well within their right to do so. All the best!