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House Rules Violations/FinesJul 04, 2009


Our House Rules do allow for fines levied for violations. First, the Board or Managing agent has to send a letter addressing the violation and the owner then has 3 days to remedy it. The Board can levy fines up to $100 if the violation is not remedied. We found that once owners get a letter with the threat of a fine, they remedy the situation. If you want to see the wording, go to shoreviewcondominiums.org, click on documents, click on By-Laws, and then look for House Rule (kk).

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Authority for fines must come from Lease - CDT Jul 07, 2009


Our lawyer has told us that the authority to impose a fine for violating the House Rules must come from the Proprietary Lease. A monetary fine is a material term of the Lease, and such terms can only be changed by a supermajority vote of the shareholders, not by the Board acting unilaterally. So you can put a monetary fine in the House Rules, but unless the Board has expressly been given the authority to impose such a fine in the Proprietary Lease, it won't hold up in court.

Also see this Habitat article:
http://www.habitatmag.com/publication_content/habitat_s_purchasing_primer_news_for_new_buyers/house_rules

"The rule of thumb is that boards cannot impose financial obligations on shareholders in house rules. If they want to do so, the financial obligation must be in the lease."

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