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JimC12 (Virginia)
Posts: 12
Posted:
Our state VA has a code that HOA may impose fines of $50 per event and then $10/day up to 90 days. Does the board have the authority to adjust these fines? Can the board use the state code as a ceiling but can adjust the fines downward? Example is a trash can left out a week would normally be $50, could the board set the fines within the community to say first offense be $20 and then $5/day up to 90 day?
MikeS1
Posts: 521
Posted:
Not sure why you would want to do this. By the time that you try go through the collections process, you may change your mind about reducing the assessment "charge" (not "fine" ..not penalty). I suggest that you use the charges to bring the owner into compliance and then once they have complied, have them appeal for a partial waiver. Waive part of the assessment but leave enough (like 10%)that will cover all your expenses (administrative and cost of mailings). They don't seem to usually respond or comply until they've hit the $900 mark and you have sent them a letter indicating that you're going to suspend privileges (parking, pool, etc) and that you're turning this over to an attorney for collections and lien process. About that time, you'll usually get compliance and a phone call.

Here is the link that you're looking for. VA Due Process
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-513
The amount of any charges so assessed shall not be limited to the expense or damage to the association caused by the violation, but shall not exceed 50 dollars for a single offense or 10 dollars per day for any offense of a continuing nature and shall be treated as an assessment against the member's lot for the purposes of ยง 55-516. However, the total charges for any offense of a continuing nature shall not be assessed for a period exceeding 90 days. After the date a lawsuit is filed challenging any such charges, no additional charges shall accrue. If the court rules in favor of the association, it shall be entitled to collect such charges from the date the action was filed as well as all other charges assessed pursuant to this section against the lot owner prior to the action.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Jim,

The VA law is your maximum fine. You may only fine up to 90 days no matter what you set your daily rate at.

Please remember that you still must have a due process in place and a hearing before you can fine.

Here is a link to our Associations Lawyers newsletter where they discuss the fines.

Here is a link to All of their Newsletters for Associations located in VA, DC and MD

Tim

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