ABA Family Legal Guide

Home Ownership

Shared Ownership: Condos and Condominiums

The Board of Directors

How does the board enforce the association's rules?

When a unit owner ignores the rules, the board usually levies fines against the owner. If the fines pile up and the owner refuses to pay, the board may exercise its right to enforce its lien against the owner's unit and, if necessary, foreclose on it to get the money. Some declarations permit the suspension of privileges of a unit owner while an assessment remains unpaid or another covenant remains in breach, such as the right to use recreational facilities, or even the right to vote. Another approach is for the association to sue the violator, seeking an injunctive order to stop the practice in question. A violator who refuses to follow the court order could be found in contempt of court.

The uniform acts and many other statutes require that the unit owner who is alleged to have breached a covenant receive a right to notice and a hearing before fines or other sanctions may be levied.

In theory, any unit owner may sign a complaint against a neighbor to initiate a process that could lead to fines. In practice, though, most unit owners are hesitant to sign formal complaints against people next door, even though they voice their concerns loudly to the board. If the community hires a management company--standard practice in larger communities--the company's routine maintenance inspections include checking for violations of the rules. The employee who discovers the infraction then serves as a complaining witness to the board, which more than likely will start by sending someone to talk to the violator. Most board members try to be evenhanded in their enforcement, because they don't want to be criticized for punishing one violator and showing leniency towards another.

If the board decides to resort to the courts, it must do so promptly or risk losing the authority to enforce the rule. If the rules say you cannot build a toolshed and you do it anyway, board members cannot walk past it every day for years and then sue to have you remove it.