Our firm, Manning & Meyers, represents a number of condominium associations. Frequently, they wish to impose a fine against a unit owner within the association for violating rules and regulations.
Section 82.102 of the Texas Property Code governs these requirements.
Prior to the association charging a unit owner for property damage for which the owner is liable or before levying a fine against an owner for a violation of the dedicatory instruments of the association, the association must take the following steps:
1) Send the owner a written notice, that includes the below information;
2) Describes the violation or property damage;
3) States the amount of the proposed fine or property damage;
4) States that no later than the 30th day after the date of the notice, the unit owner may request a hearing before the board to contest the fine or damage charge; and
5) Allow the unit owner a reasonable time, by specifying the date, to cure the violation and avoid the fine.
The Association is not required to send a written notice with an opportunity to cure unless the owner was sent a similar violation within the preceding 12 months.
Please note that these requirements may be in addition to any other requirements contained within the dedicatory instruments of the Association.
If you have a question related to fining a condominium owner and the requirements under the law to properly fine an owner, please do not hesitate to contact our firm or give us a call.