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Handling Owner Violations of Your Association Rules & Regulations PDF Print E-mail

It is important to understand owners' rights in regards to violations and to establish a policy for handling violations consistently and in accordance with the Illinois Condominium Property Act.

According to the IL Condo Act, the Board has the right:

18.4 (l) To impose charges for late payment of a unit owner's proportionate share of the common expenses, or any other expenses lawfully agreed upon, and after notice and an opportunity to be heard, to levy reasonable fines for violation of the declaration, by-laws, and rules and regulations of the association.
 
Often, a financial consequence is necessary to encourage compliance with established rules and regulations.  Anyone who has ever received a parking ticket in the City of Chicago knows this to be true!  Money is a great motivator. 
 
Before a Board can impose a fine, however, the owner who is in violation must be given notice of the violation and an opportunity to be heard by the Board.  Haus Financial Services recommends that your Board adopt the following policy for handling violations.
 
1. Any owner witnessing a violation should complete a "Request for Notice of Violation" form and submit it to the Board.  A template can be found on the Forms & Templates page.  Supporting documentation should be included with the completed form if available.

2. The Board then sends a "Notice of Violation" form to the offending owner.  The notice should include a meeting date and time at which the violation will be reviewed with the owner and a Board vote taken.  Again, see Forms & Templates for an example.
 
3. The Board meets on the agreed upon date and allows the owner, if present, to either refute the charge or assure the Board that the violation has been remedied and will not continue. 
 
4. The Board then votes to impose a fine, dismiss the charge, or set consequences for repeated violations. 
 
Any portion of a meeting held to discuss a violation of the rules and regulations is to be closed to all owners but those on the Board.  However, when the actual vote is taken, this portion of the meeting is open to all unit owners.
 
If your Board agrees to adopt this violation policy, the policy should be communicated to all owners and forms should be made readily available.   
 

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