SC HOA Fines for Violation of CCRs and Rules & Regulations

I am a BOD member in SC. We have a homeowner who is stating that the board has no authority to fine. Our Bylaws state under Powers and Duties of the Board of Directors that the board has the authority to "adopt and publish rules and regulations governing the Association and the personal conduct of the members and their guests, and to establish penalties for the infraction thereof" which I believe gives us the authority to do so. I have read in other discussions that under SC law the board must hold a hearing prior to imposing fines. In the letter we send the homeowner, it states:
"...if you have extenuating circumstances which prevent observance of the terms of the legal covenants, rules/regulations for the issues listed above, we are requesting you contact the management company. Once notified, every attempt will be made by the Board to meet with you and discuss your concerns..."
Is this sufficient? We do send a notice of violation prior to sending a second notice that if they don't correct the problem in x amount of days (differs based on the violation), that fines will be imposed as of xx/xx/xxxx date. Any help would be much appreciated !
Carole

Carole:
Your bylaws do say "penalties" and do not mention fines so he may have a point. Most time penalties mean withdrawal of pool privileges, etc. Perhaps you should ask an attorney.
Jeanne

Carol,

As you can see from the legal definitions of fine and penalty posted below, both can be monetary, so it doesn't matter if your docs say the assn may impose a fine or a penalty.

In AZ the member must be informed of the violation and their right to an appeal before the assn can impose a fine/penalty. This information is generally put in the first violation notice sent so that a fine may be imposed if the member does not cure the violation in the number of days specified or if they choose not to appeal. Check your gov docs and state law to determine at which point the assn can impose a fine.

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From Legal.com:

Definition - fine
[Anglo-French fin fine & Medieval Latin finis end, boundary, agreement, payment for release or privilege, monetary penalty, from Latin finis end, boundary]
1 : a sum imposed as punishment for an offense
compare restitution

Definition - Penalty
1 : a punishment that is imposed on a wrongdoer by statute or judicial decision
2 : a pecuniary sum that by agreement is to be paid by a party who fails to fulfill an obligation to another and that is punitive rather than compensatory