July 30th, 2015
Previously the Condominium Act put the role of imposing fines on an impartial committee of other unit owners who are neither board members nor persons residing in a board members’ household. The statute was recently changed to clarify that it is the board’s role to levy a fine and it is the committee’s role only to confirm or reject the fine proposed by the board. This means that if the committee wishes to levy a fine different than the amount proposed by the board, the committee may not do so.
In order to impose a fine, the board must levy the fine at a board meeting. After the imposition of the fine, the board must provide at least 14 days’ written notice of the fining committee’s meeting and an opportunity for a hearing to the unit owner, and, if applicable, its occupant, licensee, or invitee. Read the article