Submitted by snoopy on Tue, 02/02/2010 - 18:18
Posted in
I read a posting dated 8/15/2008 14:27 that answers the question can a Condo Association levy fines. The post says they cannot unless the fines were dictated in the docs. It then refers to MGL 1831 section 10. My reading of that section paragraph 5 seems to say they can fine anything. There is noting that talks about fines being dictated in the docs. What am I missing? Thanx
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Editor's Response
Massachusetts General Laws Chapter 183A, Section 10 says:
(5) To impose charges or to charge interest for the late payment of common expense assessments or other charges, and to levy reasonable fines for violations of the master deed, trust, by-laws, restrictions, rules or regulations of the organization of unit owners. (Editor's emphasis)
So this section merely authorizes the association to levy fines for violations of rules that appear somewhere in the condominium documents. In other words, the association's power to fine is limited by the documents that were created and adopted at the inception of the Condominium or by amendments that were later adopted by the required percentage of unit owners. For more information or to post a question, visit our MA Condo Law Discussion Forum.