§ 34-36.1-3.20 - Enforcement of declaration, by-laws and rules. - Rhode Island Statutes

SECTION 34-36.1-3.20

   § 34-36.1-3.20  Enforcement of declaration,by-laws and rules. – (a) An executive board may impose and assess fines against a unit owner as amethod of enforcing the association's declaration, bylaws, and rules andregulations. Such fines may include, but are not limited to, daily fines forcontinued violative conduct in the future. Notice and the opportunity for ahearing must be provided to an alleged violator before a fine is imposed andassessed. All fines shall be a lien on the unit charged.

   (b) Daily fines imposed and assessed pursuant to this sectionshall be no more than one hundred dollars ($100) per day for residentialcondominiums nor more than five hundred dollars ($500) per day for commercialcondominiums.

   (c) Fines other than daily fines imposed and assessedpursuant to this section shall be no more than five hundred dollars ($500) forresidential condominiums and no more than one thousand dollars ($1,000) forcommercial condominiums.

   (d) Any condominium declaration, bylaw, rule or regulationwhich purports to establish a maximum fine or daily fine shall be invalid.

   (e) Hearings conducted pursuant to this section shall bebefore the executive board or a person designated by the executive board.

   (f) A decision in a hearing held pursuant to this sectionmust include costs in all cases and reasonable attorney's fees, if theprevailing party is represented by a member of the Rhode Island Bar. Suchattorney's fees and costs shall also be a lien on the unit charged.