Wednesday, October 3, 2012

All you need to know about Fines at NCC

The condo has a 3 member Fining Committee which is composed of Owners:
Mark Aldrich, #806
Len DiGiacomo #616 and
Jamie Weber #801.  To my knowledge no committee has ever taken up a case.

The establishment of this committee goes back to July of 2008, however the initial committee had 2 persons appointed who were not eligible to serve, one was the husband of an Owner, the other was on the BOD.

While hearing procedures vary widely between condominiums all Owners facing an association fine have common law 'due process rights' which include those below. Outside courts are reluctant to micro manage condo board/committee procedures unless these rights are violated.


The nature of the alleged violations are clearly stated;
If more than one violation is alleged, information regarding each violation is given;

Citing the provisions of the governing documents or rules and regulations which are alleged to have been violated;
Giving notice of the date, time, and place of the hearing where the matter will be considered; and

A basic statement of due process rights is given, including the right of the accused party to present his or her own evidence, to review and challenge the association’s evidence, and the right to be represented by legal counsel.


NCC documents regarding the imposition of fines are found at: Declaration of Condominium, 'Fines' on p. 37 (see:
http://nautiluscovedeclarationofcondo.blogspot.com) and comprehensive information on this topic is available in five articles on this topic, use direct click on link.

1) Property Usage Poses Challenge
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2006_12_14.pdf
2) Follow Due Process to Levy Fine
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2006_03_02.pdf
3) Hearing Needed to Levy Fines
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2006_03_09.pdf
4) Court Best Association Option for Unpaid Fines
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2006_03_16.pdf
5) Suspension of Use Rights Effective
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2006_03_23.pdf