R.R. from Garland County, Arkansas writes:
Dear Mister Condo,
After 36 years, the board changed the amount of a fine from $100.00, with warning letter first and 30 days to fix the issue, to just a copy of the new rule as warning letter. Meaning no warning letter and chance to fix the issue to UP to $250.00 fine, depending on what amount they want to charge. Is this legal?
Mister Condo replies:
R.R., as long as the Board followed the rules for changing the fine, they may have done nothing wrong. I don’t comment on legality because I am not an attorney. Fines may be challenged by any homeowner and if your governing documents aren’t being followed correctly or if the fines are not allowed by law, an owner may challenge the fine. At the end of the day, voluntary following of the rules and regulations of the association is all the Board and the other homeowners care about. Whether the fine is $100 or $250 is somewhat irrelevant. People that live in communities with rules do so voluntarily. The rules are in place to protect property values and peaceable enjoyment of the community. Board don’t want to spend their valuable time fining people for things they already agreed not to do. All the best!