Yes, she can -will it stand up in court-Most likly not. $100 a day is crazy unless your the lawyer yuo would need to call who who charge yu $100 an hr. People buy homes next to express ways / freeways and everyone must build them a fence because of the noise. You should have known that condo comm. suck. Fix the prob./talk to the board about the fines.
Wow - that's not true - not if it's not in writing. They can't make up rules. But, that being said - our Board makes up Rules and Regs when they see something they don't like - and then they threaten us with fines. The problem with fines, is they actually don't have to file a lien at the courthouse to make it legal per several attorneys. So we could have thousands of dollars of fines, fees, etc. if we don't keep on top of this issue.
We found roaches in the hallway the other day on the second floor and asked the Board to check it out. Guess what the Board President did. Sent out an email to alot of owners saying that she had it on the word of three other people that we left pizza boxes in the hallway and it was our fault. Excuse me. We don't even eat pizza.
It's getting to be pure harassment and slander when she sends this type of email out. Everyone asked us about it. Pathetic. Just makes her look crazier.
The next time they attempt to fine us or slander us they are are going to be one very unhappy board. We're done with the nonsense. The Board seems to think they are above all the rules and we "all" been taking pictures of their discretions. Doesn't take much time to take a quick snapshot.
Thank goodness we have some fabulous new owners moving in who are spending alot of money and gutting their condos - this will bring a better quality owner into the building - who want to take care of it.
We have the same A/C issue next to our bedroom wall - we've mentioned it to the owner several times over several years that it might need cleaning - really noisy - when it blows up on her, she's going to wish she had taken care of it rather than ignored it. $75 to clean is alot less than replacing it in 100 degree weather.
In the meantime, buy a white noise filter for your bedroom. It should work perfectly. We don't wake up anymore.
Sorry, but you did not mention where your condo was. Assuming it's in Florida, you would need to look to your condo docs to see if the board has the right to fine. If your condo docs give the board the ability to fine, then you would need to refer to the requirements under the law in your state. In Florida, a board must place the violation in writing and allow you to cure it. If they intend to fine you, they would need to give you 14 day notice and a meeting to discuss the issue before the violations committee. In Florida, a violations committee cannot be made up of Board members or anyone in their household.
We have a similar situation. We have our motorcycle parked in the back lot where others, including the condo president, have parked their motorcycles in the past. Now suddenly the board is asking us to move our bike due to personal issues we are having with a few of the units. We refused due to past practice and they now want to charge us $50 a day to keep the bike in back and have threatened to have it towed. It is our personal property on our personal property and it has been parked there for 3 years. Our regs say that, if we are in violation, we are to be given 30 days to correct the situation; however we are not in violation of anything since 3 other units have used the area to park their motorcycles. We are in IL. Any thoughts?
Take a look at your CCRs to determine if in fact you are in violation of anything. There may be a noise or nuisance clause that would apply. However, a member cannot fine you, that is an action only the BOD can take. I believe FL law requires you to be noticed of the violation and before a fine can be assessed you have the right to appeal and have a hearing with the board. If they find you are in violation of a particular restriction then, yes, they can fine you (if it is allowed per your CCRs). And, if fining is allowed the BOD would have the discretion to set the amount of the fine. IMO, $100/day til cured is quite excessive and I doubt it would hold up in a court of law. Of course most BOD's know that most members are not going to spend all the money required for a court case and oftentimes get away with these excessive fines.
If there is something you can do to quiet the A/C unit I would suggest doing that.
Horrible situation! Thanks for sharing this information, though.
Is it legal to be fined for closing your car doors? My neighbor which is also the president is fining me for slamming my car doors too loud and it rattles the inside of her condo walls. I have a very expensive car and don't think I would slam the doors on purpose.
Yes, if you bylaws and rules and regs say they can, they can. We were accused of something and the Board had an open meeting and they decided to fine us $6,000 - $1,000 per incident and added 3,000 for unincurred but expected costs. That being said - they couldn't prove 4 of the 6 incidents. I can't tell you the specifics as we are waiting to see if "they release us" or we will take them to court. We had to hire an attorney. The Board allowed us a hearing but had already sent us the letter saying how much the total was $9,000. Our real estate attorney said based upon our bylaws they can do this and if we don't pay put a lien on our property. It is cheaper to pay them than to go to court as the rules and bylaws we agree to when moving in here. Short version. As soon as this is over I will give you all the details. We were able to easily prove that they were lying about 4 of the 6 violations and let me tell you - the whole thing is over nothing. But rules and regs are the rules and regs. Cheaper to get rid of them than go to court. We agreed on a much smaller amount finally after months of going back and forth. More to get rid of the whole thing. However, they had to hire an attorney since we did. Right now, guess what, they won't sign the release unless we release them from us suing them. They are nuts. Our Missouri statues state that once the Declaration is files legally, all liens, whether statutory or not, are valid and nothing more has to be recorded at the court house if they decide to file a lien against us. Amazing. So if they wanted to - they can tell the property manager to place a lien on the condo so in ten years if we sell, suddenly we find we have a lien and another legal battle. The title company is just provided the info by the property manager and has to take the money, interest, late fees, expenses etc from funds before we can get our money out. All totally legally per our attorney in Missouri. So be very careful. We had no choice but to fight this ridiculous crazy charge over nothing. Will post once all is finished to the full facts - but must wait until all is signed. Boards can and will do whatever they want. That being said, finally we almost have all the water damage and mold out of the building. Be very careful on this lien issue and check your state statutes. It is very, very clear in MO. Even our lawyer did not catch this and I had to point it out to him. Then he understood why we were so concerned. Boards do what they want, when they want and to whom they want. But sometimes you have to stand up for your own rights. They cannot let the building lose it's value. Be very careful and know the exact specifics of your ByLaws, Rules and Statutes. And yes, in our By Laws - the Board can make up their own Rules and Regs when necessary and ours do when need be for themselves, but not for us.
Before my girlfriend has moved in back in Nov of 2012,a board member threatend to fine her for unloading and leaving materials in the hallway until fully unloaded,parking the truck in a firelane while doing so ....3 times in all she faced verbal abuse along with her workers ,twice before she even step foot in her finished unit and once last week ...what course of action can we take to stave off this Bully board mmember...We live in the state of MA..Thank You
I'm sorry your girlfriend had to go through this verbal abuse. I don;t know that there is anything you can do to prevent it from happening again. I would just tell your girlfriend to make certain she is not breaking any rules and to just ignore this person. For the time being just make notes of all the times it has happened. Sometimes it's just best to ignore people like this; it's just unfortunate that she's a board member. Perhaps you can campaign to have her unseated in the next election for board members.
I don't think she can justify $100 a day, but she probably can fine you. Even though she knew the condo was directly below the air conditioners, you are still probably liable for the situation. You can try to make a deal with her, both of you invest money to buy the a/c that is quieter.
Elisa Jed | http://www.impactair.net.au
Sad. The legal fees to fight it are a lot more than the $100. And the Board knows it. Find out if a lien has to be recorded or not in your state - this could be an issue when she sells if they place a lien on the property and don't have to perfect it.
Even though it sounds ridiculous on your end, loud AC units are surprising obnoxious when trying to sleep. Have a little consideration for someone who's dealing with unnecessary noise at night. You could try installing a fence of some kind along the balcony, but this is one case where you might have to invest in a new AC as well.
Marc | http://www.outdoorfence.com