Living in a multifamily community, whether this is an apartment building or a condo building, comes with certain bylaws. There are usually fines that are used to prevent people from breaking the rules.It is important for everyone to know what these rules are, why they need to be followed, and the penalties for breaking them.
Sometimes, homeowners are surprised when they realize they might be fined differently for breaking the same rule. There are a few points to keep in mind.
The Fines Should Be The Same
While there might be different fines charged for breaking different rules (for example, altering a common area might be different than parking lot damage), the fines should be the same for the same infraction across different homeowners. For example, two homeowners who are both guilty of damaging the mailroom should be fined the same amount. They should not be fined different amounts. There are usually fines that are clearly stated in the HOA bylaws how much someone might be fined. If two people are fined different amounts, then a grievance should be taken up.
Why The Fines Might Be Different
There is one situation where two homeowners who break the same rule might be fined different amounts. This comes in the form of sequential violations. For example, a homeowner who breaks a rule the first time might be fined $10 for the first infraction. Then, the second infraction might jump to $25. The third infraction might jump to $50, and so on. This is one situation where two homeowners who break the same rule might be fined two different amounts.
Read The Bylaws Carefully
If a situation such as this arises, it is important for homeowners to look at the bylaws and see what the fines are supposed to be. All fines should be clearly stated in the bylaws to help homeowners figure out how, why, and where they might be fined.
If there are any fines that seem confusing, then the homeowners should take this up with the HOA and ask for clarification, which the HOA should provide. There might be a reason why the fines might be different. It could also be an honest mistake.
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About the Author:
Babak Moghaddam graduated from University of Southern California in 1985. He entered the mortgage industry as a compliance auditor at the Bank of New York in 1986 and completed his masters in Business Administration two years later. After seventeen years in the traditional mortgage banking world Babak finally transformed this vision into his own practice in 2002 when he formed Charter Pacific Lending Corp, a mortgage company that has provided over $900 Million in residential real estate loans throughout Southern California. Babak and his team do things a little differently than other mortgage providers. They work as financial advisors, because they have come to realize that a mortgage is a very powerful financial tool. And just like any other financial tool, it should be managed as part of the overall financial management plan to reach every home owner’s long and short-term financial goals much faster. You can contact Babak for a free consultation and strategy session at (800) 322-1217 X103.