Wednesday, October 3, 2012

Fines at Nautilus Cove

The condo has a 3 member Fining Committee 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 imposition of fine is found at: Declaration of Condominium, 'Fines' on p. 37 (found on this blog site at:
http://nautiluscovedeclarationofcondo.blogspot.com) and comprehensive information on this topic is available in five articles on this topic.

1) Property Usage Poses Challenge
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2006_12_14.pdf

2) Follow Due Process to Levy Fines
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

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