Statute of Limitations On Fines

Our property manager informed our board that she cannot retroactively fine a homeowner’s tenant that did not abide by our development’s snow procedures ie parking vehicles in garage and driveway and not in parking spaces during snowstorms. We had one unit who parked a vehicle in a parking space for two months during many storms and did not move it. The vehicle was reported to the management company several times and letters and fines were being sent. At our recent board meeting the board wanted to discuss the fines for this particular unit due to the fact that it would have been substantial. The property manager said to us that she did not fine the homeowner for every occurrence because mid February the board president said that she wanted to discuss with the board at the next meeting which was in early March. The manager said she cannot retroactively find the homeowner.

Eblasts, notices etc. were sent out to development during the storms. Every incident was documented and emailed to the PM. There were at least six storms or more PM only fined for 2 Can fines be imposed retroactively? Can the board fine for all incidents?

Thank you

My governing docs give the board the right to impose fines, but that's the extent of it. My state laws address statute of limitations issues, so that's where we'd have to look for more info.

When you think about it, there is probably an effective period implied by your bylaws. For example, if your board is required to meet at least quarterly and your state laws don't allow "action without a meeting" (ie, the board has to meet to conduct business) then it implies that any action on fines would cover violations during the past three months.

On the other hand, fines often may be imposed only after multiple violations. That's true in my community - people get two warning letters, and then the fines start. That implies that you have to look back many months. It's a judgement call, though, whether one similar violation per year is "a pattern of behavior" - the letter of the law says yes, and people shouldn't be entitled to consequence-free violations if they simply space them out. But I bet some lawyer somewhere could argue otherwise.

And it could depend on the type of violation. Certain parking violations may result in an immediate tow at the owner's expense.

In PA. From our Declaration: "the Board has the authority and duty to levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part, the cost of ... (iii) any charge, fine or cost that the Board authorizes to levy against Owners in addition to the annual assessment."

As you can see, our Board's ability to fine is very broad. Yours may me more limited. But if your Declaration gives you the right to fine, it's almost certain that parking violation fines are allowed.

2 issues that could trip you up legally:

1. Selective enforcement. From your description, doesn't look like it, but you should make sure that there is a valid reason if you treat one violator different than others.

2. Notice and right to appeal. Here it depends on what your PM did or didn't send out.

If 2 notices were sent about 2 specific events, then the notice requirement was satisfied, but only for those 2 events.

If 1 notice was sent saying that the person is being fined for this and all subsequent violations, then your position is stronger for not having to send separate notices on every event.

Right to appeal is a different matter. If the notice of violation does not include a statement that the person has until X date to appeal, then you are open to challenge.

At the end of the day, it's most important that you have a clear and understandable fining policy. Otherwise, you will be squabbling among yourselves over fines for a long time. This is especially important where your PM is willing to take verbal direction from one Board member. Shouldn't happen if you have a written policy.

As others have said, many HOAs give multiple warning notices before issuing a fine. This too should be evenly applied to all violators of the same type even if it isn't in your formal policies.

Ordinarily, the time between board meetings wouldn't be legally significant unless it restricts the violator's right to appeal in some way.

No statute of limitation (statutory time limit) applicable to what you described. Any time restriction or limitation would be in your Declaration, Bylaws, or Rules/Regulations depending on how your documents are worded.

I'm not sure what you or the PM means by retroactive. Maybe she used the wrong term. Is her position that the violation has been cured (no longer a violation) and cannot be enforced? I believe some states will not allow an HOA to fine before giving a person a chance to cure the violation. I don't know PA law but your PM should be able to answer the question.