The Pennsylvania Uniform Planned Community Act and the Pennsylvania Uniform Condominium Act both allow for Associations to impose and collect fines in the same manner as assessments. Notice of a violation with the opportunity to be heard by the Association must first be provided to the violator. Failure of the violator to pay the fine may result in a lien against the unit. The Association, if it wishes, may then proceed with filing a lawsuit against the violator for failure to pay the fine. When applicable, the Association may collect reasonable attorneys' fees and costs from the violator for the costs associated with the violation.
A Fine & Enforcement Policy that is separate and apart from the Association's other governing documents can outline with greater specificity and supplement what may already be provided for within the Association's Declaration. In most cases, such a Policy provides an outline of fees that the Association may impose upon a unit owner for failure to comply with the Association's governing documents. The Policy may also outline a specific notice and appeal process for the Association to abide by when enforcing its documents. Not only does having such a Policy assist the Association in enforcing its governing documents uniformly, it provides notice to the unit owners that certain actions may be taken by the Association for failure to comply with the governing documents. A separate Fine & Enforcement Policy can assist Associations in ensuring greater compliance of their governing documents as well as the implementation of uniform enforcement procedures.
If you have any questions about preparing a Fine & Enforcement Policy specific to your Associations please feel free to contact us.