Fine vs. Penaltiy vs. levy

I am a board member of a Townhouse HOA in southern Virginia. A while back, someone told me that we should not refer to monetary penalties as "fines". We should use some other terminology. I do not remember his reasoning but I'm starting an annual review of our Rules & Regs and was wondering if anyone else had ever heard this.

I imagine he is referring to VA case where the judge ruled the HOA didn't have statutory power to levy a fine. It all depends on whether or not your CC&R's grant the power to levy fines for covenant infractions.

http://valawyersweekly.com/wp-files/pdf/010-8-154.pdf

Glen,

The actual case local attorney's are referencing on the topic of VA Associations being able to levy fines/charges is:

Fairfax County Redevelopment and Housing Authority v. Shadowood Condominium Association, et al. CL-2010-13282 CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA
2011 Va. Cir. LEXIS 78

In reality the two are tied together and from what I've been told (second hand, not directly from our attorney) most attorney's in VA won't go after fines unless it is clearly stated in the CC&Rs. I expect that at some point this will result in future legislature action.