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Fines - Is there a legal limit to the amount boards can impose for a violation of a house rule or newly implemented clause of the proprietary lease
Join the Conversation Comments (1)A coop must have authorization to impose fines in the proprietary lease. The amount imposed cannot be so large it could be deemed “confiscatory” - which means the fine must be reasonable in the amount - in proportion to the cost or other loss that might be incurred due to the cause of the fine.
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Most House Rules, ByLaws or wherever the specific permisability for the initial fine is written (You may wish to ensure this even exists first), will state the amounts, the amounts the Board can raise them by and/or frequency...
Most simply state "reasonable amount", as to leave it to interpretation and permit the Board to adjust it case by case if need be.. but in any case, it should not be excessive, the purpose of a fine is to stop or change an intended infraction, not to make money as some Boards think.
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~Anthony Reinglas
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