I live in a 20 unit condominium in MA. Our Rules & Regulations State "Monies paid are first applied to fines then to assessments then to condo fess". The intent is that if a homeowner owes fines, and has not yet paid them, or has no intention of paying them until they request a 6D, the Association can get their money for fines well before then. The Association assumes it will be easier to collect for Condo Fees and Assessments in a court of law than it will be to collect fines. To be clear, the rule means that when a homeowner pays their monthly fee, money will be taken out of that check and applied to the fines first, leaving the homeowner in arrears on the monthly fee.
Is it legal for an Association to do this? What if on the memo line on the check states "Assessment" or "Monthly Condo Fee"? Can the money still be applied first to a fine?