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.
The law reads, “the lot owner charged shall be given notice of the charge, opportunity to be heard and to present evidence, and notice of the decision. If it is decided that a fine should be imposed, a fine not to exceed one hundred dollars ($100.00) may be imposed for the violation and without further hearing, for each day more than five days after the decision that the violation occurs.”
So, if your board has not notified you of its decision with respect to whether a violation has occurred, and whether or not fines will be assessed, the fines levied against you very well may be illegal and unenforceable.
Charlotte attorney Michael Hunter focuses on community and condominium association law for the firm of Horack Talley.
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“Ask The Experts” Articles have been Reprinted with permission from the Charlotte Observer
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