Do you know of an association that imposes fines but does not have a written policy about imposition of fines?  If so, you may want to tell that association it’s in violation of CCIOA!  Pursuant to Section 209.5(2) of CCIOA, an association may not impose fines against owners unless it has a “fine policy” in place.

More specifically, Section 209.5(2), which applies to communities created before and after CCIOA, says that regardless of what its governing documents say, an association may not fine an owner unless it has adopted, and followed, a written policy governing imposition of fines.

Section 209.5(2) further says that the policy must include a fact-finding process that will be used in determining whether the alleged violation actually occurred and whether the owner should be held responsible.   Additionally, the policy must require notice and opportunity to be heard for each owner accused of a violation before imposition of a fine.

Does your association have such a policy in place?  If not, consider adopting one as soon as possible so your fines cannot be challenged on this basis.  If you need assistance preparing a fine policy or have questions about this topic, please contact a Altitude Community Law attorney at 303.432.9999.

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