Monday, July 2, 2012

NCC Fining Information FYI:

On May 30th a 5 page letter went out and much of it had to do with association fines against Owners.  This can be a complex issue and Owners may wish to do some research on the topic, plus of course, consulting our own documents on the topic (ie:  Declaration of Condominium at p. 37 "Fineshttp://tinyurl.com/7mkbshl and By-Laws at 5.(m))

Generally outside courts will not interfere with such condo fining if the Owner has had benefit of 'due process' (something else for you to look up!). 
See Letter at: http://tinyurl.com/66zdaor  

Below is a small extract from the site  which has additional information you might want to consult or bookmark in case you need it later: http://tinyurl.com/786h3h4

"If the board indeed has the power to impose fines, it must establish a separate (fining) committee.

The committee must consist of at least 3 owners who are not board members, not related to board members and do not live in the same household as a board member. Then, before any fine may be imposed, the Board must provide the offending owner with reasonable advance notice (i.e. 14 days) of the date, time and location for the owner to appear before the fining committee.

The offending owner must be given the opportunity to explain to the committee why a fine should not be levied. If the fining committee determines not to impose a fine, no fine may be imposed. The Board cannot overrule the fining committee and levy a fine where the committee votes not to impose a fine.

Even if the committee votes to fine an offending owner, the fine cannot exceed $100.00 per day for a continuing violation and no fine in a condominium may exceed $1,000.00 for any single violation."