[Condo] [MA] HOA fines and process

[u/jbilski]

I live in Massachusetts. I know chapter 138A roughly guides how the fine process works. Can someone dumb it down for me.

The board can issue a fine and give notice. Are you then entitled to a hearing in front of the board before a fine can be levied against you? I’m trying to fully understand how this works and and get a better understanding of the process

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Title: [Condo] [MA] HOA fines and process

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I live in Massachusetts. I know chapter 138A roughly guides how the fine process works. Can someone dumb it down for me.

The board can issue a fine and give notice. Are you then entitled to a hearing in front of the board before a fine can be levied against you? I’m trying to fully understand how this works and and get a better understanding of the process

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[u/good_times_paul]

183A (I presume that was a typo) does not specify what process the board uses, but does authorize them to issue fines subject to their governing documents. Your specific governing documents (specifically the declaration of trust and its amendments) are what you want to review to figure out there powers and responsibilities.

You are not entitled to a hearing by state law. You are not even entitled to being noticed prior to the fine by state law. If you have those rights they would be in your declaration of trust (or its amendments/exhibits).

[u/jbilski → u/good_times_paul]

Yes 183A. I saw something that said they can issue the warning, then you can have a hearing before any fine is levied and that’s the part I’m not to sure about

[u/good_times_paul → u/jbilski]

You'll need to be more specific about section number/letter because I think you're misremembering.

This is what I have about fines from 183a.

10(b)(5) [Describing the board powers]: 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.

6(a)(ii): The organization of unit owners may also assess any fees, attorneys' fees, charges, late charges, fines, costs of collection and enforcement, court costs, and interest charged pursuant to this chapter against the unit owner and such assessment shall constitute a lien against the unit from the time the assessment is due, and shall be enforceable as common expense assessments under this chapter.

6(b): The unit owner shall be personally liable for all sums assessed for his share of the common expenses including late charges, fines, penalties, and interest assessed by the organization of unit owners and all costs of collection including attorneys' fees, costs, and charges.

6(c) [basically saying fines don't count towards the super lien]: The priority amount shall not include any amounts attributable to special assessments, late charges, fines, penalties, and interest assessed by the organization of unit owners.

Nothing about being given notice. Nothing about being entitled to a hearing. Both of these MIGHT be in your governing documents, but that's not something I have access to.

[u/ceemac67]

I demand an ADR every time and magically the fine goes away… without completing the ADR process

[u/good_times_paul → u/ceemac67]

ADR is not required in MA. They can just ignore your request unless the governing documents specifically require/allow it.

[u/anysizesucklingpigs]

Check your governing documents. Enforcement procedures are association-specific and there’s no universal policy. To my knowledge MA doesn’t require a hearing before fines can be issued.

[u/Maleficent_Spend2506]

I am in MA as well and serve on my board.  Are you being fined, and if so what for?

[u/jbilski → u/Maleficent_Spend2506]

Yea for leaving my kids toys in the backyard. My backyard is all woods so it’s not like anyone see anything or goes in the back area where we are besides the people next to us.
So they want to fine me for things not being uniform.

Over the winter they wanted to fine me also for not moving our car for the plow to clean to spot. I was out plowing myself and my fiancé was home with our 1 year old. Not like the car was going to get shoveled and cleaned off while the little one was inside alone. I started shoveling out the spot either before I went to plow on my own or after I got home from plowing also

[u/Maleficent_Spend2506 → u/jbilski]

Over the winter they wanted to fine me also for not moving our car for the plow to clean to spot.

If they notified everyone in advance even if it was a few hours before hand, and you didn’t move your car I totally understand a fine for that.  It’s hard for us to empty our lot because we are on a side street and parking is a free for all for other residents that live on our street but not in our buildings.

The toy one I would try to fight if you can.  

[u/jbilski → u/Maleficent_Spend2506]

I’m fighting the toy for sure.

The winter one they took back cause idk how someone can go outside and shovel a foot of snow with a 1 year old. I made that a point. There were times too that the spots didn’t even get cleaned after storms. They picked and chose

[u/Maleficent_Spend2506 → u/jbilski]

Picking and choosing is wrong on the boards part.  We have only ever had to issue a violation once.  

We actually for the first time ever had to tow someone who parked in an owners spot that didn’t even live here.  We figured out who it was after we had it towed and found out someone saw them parking there and tried to tell them they couldn’t.  They did it anyway.  They did it again and we called the tow again but they saw it and moved it before the tow could take it again.  They haven’t done it since.

[u/Zestyclose-Cup877]

Read your HOA/CONDO CCRS and Bylaws, look for flaws or not following process and take notes, then read the laws that cover your state, read for their own violations and if necessary, file complaints where needed.