Can We Fine for That? Make Sure the Board Follows Protocol and the Law

An important reminder for Boards and Property Managers: Can you impose fines for failure to follow the Declaration/Bylaws and Rules?  YES!  Can we just put a fine on the account once we notice a violation and leave it at that?  NO!

 

In Ohio, for condominium and homeowners associations, before imposing a fine or enforcement assessments, the Association needs to notice the owner with:

 

  1. A written notice
  2. That describes the violation
  3. Gives the owner a reasonable time to cure, if applicable
  4. States the amount and frequency of the fine
  5. Gives the right to a hearing in front of the Board within 10 days of receipt of the written notice; and
  6. Gives information as to how to request the hearing in front of the Board.

 

NEXT STEP:

 

  1. Owner cures violation within timeframe in written notice= NO FINE.
  2. No action by owner to cure violations and no request for a hearing= IMPOSE REASONABLE FINE.
  3. Owner requests hearing within 10 days of receipt of notice= HOLD ANY FINE UNTIL AFTER THE HEARING

 

NEXT STEP IF HEARING REQUESTED:

 

  1. Send written notice of the date, time and location of the hearing to the owner
  2. Must be at least 7 days before the hearing date

 

NEXT STEP AFTER HEARING HELD:

 

  1. If owner fails to show up, send letter stating that they did not show up and that fine is being imposed.
  2. If Owner attends hearing, must send written notice of hearing decision by Board within 30 days of the hearing. Can fine anytime after decision is sent to the Owner if a fine is warranted.

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