A.F. from Hartford County writes:
Dear Mister Condo,
Can a board fine a unit owner without a hearing?
Mister Condo replies:
A.F., typically, the Board cannot simply fine a unit owner without due process which typically involves a written notice of violation and a summons to appear before the Board to explain the reasons for the violation. After hearing the unit owner’s rebuttal or explanation, the Board is then free to take whatever disciplinary action that is called for in the governance documents, which is typically a fine. There are rare exceptions but the Common Interest Ownership Act (CIOA) does give unit owners very specific rights that many times supersede the association’s own governance documents. If you fell the Board is improperly doling out fines, ask them if they are following the state’s laws in doing so. If not, they should change their ways or risk being sued by a homeowner who will claim they had their rights violated. All the best!