Condo Board Must Offer a Hearing Before Applying Fines

Condo Board Must Offer a Hearing Before Applying Fines

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If your condo association has Rules & Regulations in place, fines may also exist for violations of those Rules & Regulations.

The IL Condo Act requires that the owner be granted the right to a hearing before any fines can be charged. Here are the basic steps for properly applying a Fine for a violation:

  • The board receives written notice of a violation of the association's Rules & Regulations.
  • The board informs the owner that they have received notice of a violation and if there is a possible fine, provides the owner with the opportunity to request a hearing.
  • The board conducts the hearing to gather information about the alleged violation in a closed meeting. This meeting cannot be recorded by the board or the owner.
  • After the meeting, the board votes on the fine at an open board meeting.
  • If the owner does not request a hearing or if a hearing is held and the owner does not appear, the board may apply a fine if they decide it is appropriate.
  • The board sends notice to the owner of the fine determination.

Each occurence that is reported to the board requires a separate opportunity for a hearing. In the case of a violation that is ongoing (such as failing to remove personal belongings from a common area), then a hearing is not required for each day the violation occurs. The board should ensure, however, that any notice of a fine determination clearly states that additonal fines will accrue until the problem is remedied.

Learn how to create Rules & Regulations and the process for enforcing them with our Educational Videos. (Become a member to access this resource).