Fines can vary based on association rules

Q: The board of our association is revising the rules and the fine schedule. Should the rules specify the amount of the fine for a violation or simply leave it up to the board to decide? What is commonly done in this regard?

A: There seem to be three common approaches to establishing the amount of a fine for a violation of an association's governing documents.

First, some association rules describe a specific fine amount for violations. This may provide for a fine that is applicable to all violations, or specific fines for specific rules, or a specific fine by category of the rules. This often describes the specific fine amount for a first, second or subsequent violation, and daily fines for a violation of a continuing nature.

Second, some association rules describe a range of fine amounts within which the board can assess a fine for a particular violation or categories of violations. This permits the board to take into consideration issues such as the severity of the violation, whether the violation was inadvertent or intentional, and the history of violations by the unit owner.

Third, some association rules do not have a fine schedule or range of fines at all, and simply state that the board can determine the amount of a fine on a case-by-case basis.

In my view, either the first or second alternative should be followed, as they provide some degree of certainty to an owner what their fine exposure can be. While somewhat true of the second alternative, the third alternative may be too open-ended and could lead to drastically inconsistent fines for similar violations (particularly as the composition of the board changes) and claims that a fine in a particular case is arbitrary.

Q: The storm door screen for one of the units, which is visible on the front of the building, has been torn for several months. The unit owner is responsible for the repair. Can the board require the owner to make the repair?

A: The board can absolutely require the owner to make repairs for which the owner is responsible. The first step here could be the issuance of a "friendly" reminder about the need to repair the screen. If that is not persuasive, the board can let the owner know that the board has the authority to levy a fine if the owner continues to violate the maintenance requirement. If that does not work, the board can levy a fine, after issuing a formal notice of violation and providing an opportunity for a hearing.

Although not justified for a torn screen, an association can seek a court order requiring an owner to maintain portions of the property for which they are responsible. The attorney's fees incurred by the association can typically be recovered from the defaulting owner.

Q: I live in a single-family common interest community association. The property manager for our association recently performed a walk-through of the property. As a result, the board of directors issued a letter to me claiming the paint on my home was severely chipping, and stating that I must paint the home by this summer. I don't think the paint looks that bad, and money is a little tight right now, so I'd like to wait another year. What are my options?

A: Initially, I suspect the opinion of the professional property manager for the association as to the condition of your home, and the need for painting, would carry considerable weight here. If you and the board can't come to an agreement on postponing the work for another year, you could consider seeking a judicial review. That is not very practical, and it would probably be cheaper, regardless of that outcome, to comply with the association's request that is based on a property management professional's opinion.

• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.