My HOA is fining residents, but there is no statutory authority to do so. Condos are authorized to levy reasonable fines, but HOAs are not subject to GL 183a. Is there any case law here? My understanding is that HOAs are fining their residents all over Massachusetts.
If the Condominium Association has by-laws and or rules and regulations which provide for fines in the event of a violation, I believe they are legal. Condominium owners give up certain rights when they purchase a unit, they are subject to the will of the majority on many issues such as noise, pets and architectural integrity. When purchasing a condominium, owners agree to the terms of the condo master deed and trust (or by-laws) and where those documents set down rules of conduct and fines for breaches of the same, they are enforceable.
The Brookline Condominium Attorneys at WSJ can help with your condominium legal matter. Our condo attorneys serve the Brookline, Massachusetts community including the neighborhoods of Brookline Village, Aspinwall Hill, Chestnut Hill, Cleveland Circle, Coolidge Corner, Longwood medical, and Washington Square.