During the signup process the board will make us aware of any existing or scheduled special assessments. These will be submitted to our systems so that owners are charged appropriately. If a new special assessment is levied the board will make us aware. The board will receive a confirmation from the support...
Q. My HOA charged me with a violation of the restrictive covenants. The HOA’s property management company began assessing fines on my account on the same day the violation letter was dated, meaning I had several days of fines on my account before the letter came. I was granted a hearing before the board of directors. It has been 72 days since that hearing and the board still has not ruled. The fines are still accruing daily and total nearly $12,000.
Is it legal for fines to be assessed like this? Is there any law that requires the Board to render a decision in a certain amount of time?In North Carolina, fines can be levied against homeowners for violation of the Community’s Declaration (CCR), bylaws, or rules and regulations, but only after the homeowner has been given written notice of the violation and the opportunity to be heard before the board or a panel appointed by the board.
R.I. Super. Ct., Aug. 27, 2010.
The condo association levied special assessments of over $900,000 to repair decks in Phase I of the development over the course of three years. Owners in all three phases of the development were required to pay the special assessments, but only Phase I owners received a benefit from the deck repair.
The court analyzed the association’s declaration and found that an “outside deck” is listed as an allowable feature in the “Code of Features.” Furthermore, there is no mention of decks or porches in the common area section of the declaration nor are they specified as “limited common areas”. Almost every deck is accessible only through the adjoining unit and only owners and invited guests may use the decks.
Based on the court’s finding that the decks were the responsibility of the individual condo owners, the association was required to refund the special assessments levied against Phase II and III owners.
This site and any information contained herein is for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.