fine schedule

We are a 43 retirement community in NE. I have lived here a little over 4 years and in that time there has never been a fine schedule. I read somewhere either on here on in other research that we can not fine without a fine schedule in place. We are considering preparing a fine schedule.
At the meeting last night our Vice President mentioned a fine of $10.00 per day. My gut instinct is that legally we may not be able to fine $10.00 per day.
I thank you for any and all input on this matter.

Our governing documents do allow us to fine for violation of rules. Later today the President and I are going to meet with our lawyer in his office. I will also ask him about the $10.00 per day fine. But I still appreciate all input from people on this site.

Say, Bonnie. For some violations, a set amount per day MIGHT make sense. Let's say moving a car that's improperly parked, removing items from common area hallways, etc.

But we don't use that method here at all. Let's say a unit has bicycles stored on its balcony. The owner is sent a courtesy letter and is told to have them removed within, let's say, 2 weeks. If the violation isn't cured, the owner is called to hearing and a $50 fine can be given.

There are others though that might be fined per incident. Here, for instance, if a unit has loud partiers on its balcony, neighbors complain, and security tells them to tone it down. The unit owner gets a 'courtesy" letter reminding them of noise nuisance rules and stating that a further violation of that type will result in a letter calling them to hearing and a possible $100 fine.

Our noise nuisance fines are listed on our Schedule of Fines, along with some other (hopefully!) one-time type of incidents when it doesn't make sense to levy a daily fine, e.g., moving in or out on weekends or evenings when we don't want to tie up elevators; dog noise nuisances, failing to get ARC permission for certain work.

While we're talking fines and I know this would for the most part apply to stand alone HOA's a couple of years ago it was suggested that HOA's put in place a "Mega" fine of $500 - $1,000 for failure to apply for and receive ARC approval before beginning work that required ARC approval. While some states limits the daily amount of a fine, this is designed not to be punitive but to forcibly remind homeowners to follow the rules. Another idea that was in the news feed a few years ago was one HOA had signs made which went in a homes front yard during construction. THIS PROJECT APPROVED BY THE ARC, the HOA in question did it because it cut out neighbors calling to find out if it was an approved project and as a subtle visual reminder that ARC approval was necessary.

Steve there was a story on here years ago, which I unfortunately lost the link to. Seems a couple in a Hoity-toity HOA out west racked up well over $250,000.00 in fines and took the HOA to court over "excessive" fines. The court ruled in the HOA's favor stating that if the homeowners had simply followed the CC&R's they would have had $0 fines.

The fine schedule can continue to increase for non compliance. Some states now allow the fine to be taken off the top of the maintenance fees incuring an additional fine for underpaying you HOA fee.It soon becomes unacceptable to the owner in violation of the Bylaws.