What if fines have been imposed without distributing the penalty schedule?
The Civil Code does not require that an association have a penalty schedule. However, if your association has adopted a policy of imposing monetary penalties on the members, the Civil Code does require that the Board also adopt and distribute to each member, by personal delivery or first class mail, a schedule of the monetary penalties that may be assessed. This may be as simple as stating that there will be a fine of $25 for the first violation, $50 for the second and $100 for the third. Each association’s circumstances are different. Strict compliance with the rule requiring distribution of the schedule of penalties is recommended to maximize the chances of collecting fines, and may be required under your CC&Rs. In some cases of ongoing violations, and depending on the circumstances, fines that were imposed prior to distribution of the schedule could be re-imposed after the schedule is mailed or delivered to the members as long as the “notice and opportunity for hearing” procedures a
