Condominiums provide many of the benefits of home ownership without the stress of constant maintenance. Those living in condominiums have to clean their spaces and maintain them up to the walls. However, much of the infrastructure maintenance falls to the condominium association.
Individual property owners must ensure that their conduct and maintenance efforts meet the standards set by the condominium association. They also need to pay monthly fees to the association to help maintain the facilities.
Condominium owner non-compliance could take the form of refusing to pay monthly fees. Owners might also refuse to pay any fines assessed due to noise violations or other deviations from community bylaws. Condominium associations have multiple options available for enforcing bylaws when individual unit owners refuse to comply with community standards.
1. Assess fines
Community bylaws often include a fine system that may include different financial penalties for various rule violations. These fines are in addition to the monthly fees paid for the maintenance of condominium facilities. Late fees and financial penalties for hosting late-night parties that disrupt the rest of other property owners can serve as deterrents for future misconduct and penalties for recent misbehavior.
2. Restrict amenity access
Condominiums often provide an assortment of different amenities to residents. There might be a courtyard with a playground for children, an indoor swimming pool or a gym with various exercise equipment. Restricting access to the most valuable and popular amenities can be an appropriate response when residents have failed to pay their monthly fees or have unpaid fines for other rule violations.
3. Seek and enforce a lien
State law permits condominium associations to request liens when property owners don’t pay fines and fees on time. A lien prevents the owner from selling the property or transferring their ownership to another person until they pay what they owe. In scenarios where a lien does not lead to prompt payment, condominium associations can potentially foreclose on the lien to force the owner into compliance.
Consistently enforcing rules is critical for the preservation of a condo association’s authority. Board members may need to take prompt action, including escalating their enforcement efforts, when owners do not pay what they should and adhere to community rules.