Condo Media - August 2018 - 31

vs. neighbor disputes are particularly
problematic because the alleged violations can be difficult to verify. Did one
neighbor really see the other doing X,
Y, or Z, or do these people just not like
each other?
Industry professionals generally
agree: Unless the behavior about which
one owner is complaining threatens
the health or safety of that owner, is
disturbing other residents, or somehow
affecting the community as a whole,
the board should stay out of it. Boards
can try to mediate, but if mediation
is impossible, and if there is no clear
violation of association rules involved,
the best advice for board members is
often: Tell owners to work things out
themselves and remind them that they
have the option of a) calling the police
or b) filing suit to address behavior they
find objectionable.
While some enforcement decisions
can be complicated, the enforcement
process itself is straightforward. Industry attorneys suggest that enforcement
procedures should be in writing, detailing how the board will deal with infractions and specifying the fines and other
penalties that may be imposed.
Unless you're dealing with a repeat
violator, the first contact should usually
be informal. Sometimes a polite note
or a phone call informing the owner
of the problem is all that is required.
The second notice-from the board or
the manager-should be more formal,
citing the particulars of the violation,
providing documentation (including a
picture, if appropriate), identifying the
individual making the complaint, and
pointing out that a repeat of the violation, or failure to correct this one, will
result in a fine.
The third notice (if the second one
is ignored) should probably come from
the association's attorney, informing
the owner that because the violation
hasn't been corrected, a fine is being
imposed and will be assessed in the
specified amount every day the violation continues. Most recommend a
sliding scale for fines, increasing with
the number of violations.

CRIME AND PUNISHMENT
Fines are an essential enforcement
tool, Pat Brawley, CMCA, AMS, PCAM,
principal in Central Management and
Consulting Services, believes. "Money
usually talks," she says. If an association
can't assess fines (and some don't have
that authority, she notes) they have no
means of compelling compliance with
association rules other than filing suit
against violators. Instead of sending a
violation letter warning, "If you continue hanging your laundry out of your
window, we will fine you," Brawley says,

the board can only say, "If you continue
doing this, we will send you another letter telling you to stop."
Some condominium statutes (Rhode
Island's is one) require boards to hold
an enforcement hearing before imposing fines. Many industry professionals
advise boards to do this even if it's not
required. Hearings, which needn't be
formal, allow boards to explain the
violation and how it has affected others;
and allow violators to explain why the
infraction occurred and describe any
mitigating circumstances.

Practicing Condominium
Association, Real Estate, Litigation,
Employment & Bankruptcy Law

Attorneys left to right: Dan López, David Chenelle, Rob Anctil, Scott Eriksen, Charlie Perkins, Jr., Rhonda Duddy, Kim Alley.

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August 2018 CONDOMEDIA

Condo Media - August 2018

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