P.L. from New Haven County, Connecticut writes:
Dear Mister Condo,
I am getting sued for littering. They haven’t given me any warning. I do not have any idea when how I did this littering they are accusing me with? What should I do?
Mister Condo replies:
P.L., even if your condo has specific rules about littering (almost all do), your Board still has to follow certain protocol before fining you for the offense. I am guessing your Board is unaware of this so it will be up to you to bring it to their attention, preferably in writing. Pursuant to Connecticut law on Common Interest Ownership (also known as CIOA), the procedure for levying fines upon unit owners requires that a written warning be issued to the unit owner, followed by an opportunity for the unit owner to meet with the Board to discuss the offense. If the Board is satisfied that the offense has occurred then they may issue you a fine. You are free to fight the fine but the dollar amount is usually so small ($25 or so) that it is hardly worth the time and effort to do so. For me, the most concerning part is that your Board has not told you what you are being fined for so you cannot defend against the claim or change your behavior if, in fact, you did inadvertently litter the property. Littering can include items such as pet waste, cigarette butts discarded on the property, improper use of dumpster (trash placed in a dumpster is not the same as trash placed near a dumpster) and, of course, flat out tossing of debris on to the common grounds. If someone witnessed a tissue falling from your pocket and reported it as littering, you certainly have a right to defend yourself. If you have done any of the other aforementioned actions, I’m betting if you change your behavior the fines will stop. Good luck!