Notice & Fines

Started by ChristinaR • 4 replies • 1608 views

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ChristinaR (Maryland)
Posts: 99

Posted:

Our documents allow the BOD to

"Adopt and publish rules and regulations governing the use of the Common Areas and facilities, and the personal conduct of Members and their guests thereon, and to establish penalties for the infraction thereof;"

I look at penalties as fines...is this correct? In our documents the BOD is also permitted to suspend voting rights, but what other penalty would it be reffering to if not fines.

Also, we have a 30 day comment period on all rules and regulations. Recently (March) the BOD sent out seven pages of parking regulations. After 3 months of debate, the parking regulations were cut, modified to 2 pages of rules, voted on and approved in June. The BOD has decided not to mail these out to homeowners. They say that the comment period was notice of the change in rules. My position is that once those rules were changed that a new set notifying the Members that these rules have been voted on and approved and will be enforced needed to be sent. There were major changes from the rules sent for the 30 day comment period.

Can the board enforce these new regulations without notice to the members?

Can they impose fines as 'penalties'?

Do the fines need to be in writing or can they just impose whatever they want?

JeanneK3 (Maryland)
Posts: 562

Posted:

Cristina:
Are you in a condominium association or an HOA? Maryland law regarding rule-making in condominium associations is pretty clear. A summary of this law is below:
(From Rules and Regulations: Maryland Condominium Act, 11-111)

Procedures for Adopting a New Rule or Rule Change

A Condominium Board cannot independently mandate a change in rules without following these procedures outline in MD State Law:

1. A Board must send out the proposed new rule or change with a projected start date, 15 days before a required open meeting of homeowners.
2. The letter must state that homeowners can submit written comments and/or speak at the open meeting.
3. At the open meeting, the board can vote to accept or reject the new rule or rule change.

Procedures for Homeowners to Reject an Approved Rule

If homeowners object to the board’s decision to accept the new rule or rule change, then the following procedures are available under MD State Law:

1. Fifteen percent (15%) of the unit owners must sign and file a petition for a special meeting within 15 days of the vote. A quorum (defined in the condo bylaws) of homeowners must attend this meeting.
2. If fifty percent (50%) of the unit owners present at that meeting disapprove of the rule, and if they represent thirty-three (33%) of the total votes of the condominium, the rule is considered void.
3. If the 15-day deadline has passed, homeowners can ask that a special meeting be convened in which those board members that voted for the rule are removed and new board members are elected.

Note: It takes work, but there is no reason for any community to tolerate oppressive rules and regulations.

Procedures for Requesting an Exception to an Approved Rule

If a homeowner wishes to request an exception to a board’s decision, then the following procedures are available under MD State Law:

1. Any unit owner can request an exception to a rule, but it must be done in writing within 30 days of a rule’s adaptation.

If you are in an HOA, most community attorneys recommend condominium law be followed.
Jeanne

ChristinaR (Maryland)
Posts: 99

Posted:

We are an HOA, with 102 Units.

Thanks

ChristinaR (Maryland)
Posts: 99

Posted:

How can we find out if our Attorney suggests this? Does the 15 days start the day of the meeting or the day notice of the new regulations is sent to the Members? Can I contact the HOAs attorney and ask?

Our BOD purposely meets at a time that is difficult for Members to attend and without notice of the new regulations, I'm not sure our Members would sign anything.

JeanneK3 (Maryland)
Posts: 562

Posted:

Christina:
You really need to check with your board or attorney because the condo law does not officially apply to HOAs, but there are consumer advocacy groups such as Maryland Homeowners' Association who are working to make this happen.

With respect to your question of fines, yes, your HOA can just fine you. If you were in a condominium association, the board would have to give you a hearing before any fine was levied. Again, in the future, HOA law will be updated to actually match condo law.
Jeanne

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