I need to know if it is legal to assess a fine to a homeowner through the association for a violation, without prior notice of the violation?

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I need to know if it is legal to assess a fine to a homeowner through the association for a violation, without prior notice of the violation?

The notice of violation was given with the fine and a limit of 45 days to fix the issue and have the fine removed from my account.

Asked on September 4, 2012 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on the terms of the homeowners agreement and any other contracts or documents govering your residency in the community. There is no inherent legal requirement for notice prior to a fine, so if these documents allow a fine without notice, that is legal.


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