55-79.80:2 - Assessment of charges for violations; suspension of services for failure to pay assessments; hearin...
§ 55-79.80:2. Assessment of charges for violations; suspension of servicesfor failure to pay assessments; hearing.
A. The unit owners' association shall have the power, to the extent thecondominium instruments or rules duly adopted pursuant thereto expressly soprovide, to (i) suspend a unit owner's right to use facilities or services,including utility services, provided directly through the unit owners'association for nonpayment of assessments which are more than sixty days pastdue, to the extent that access to the unit through the common elements is notprecluded and provided that such suspension shall not endanger the health,safety, or property of any unit owner, tenant, or occupant and (ii) assesscharges against any unit owner for any violation of the condominiuminstruments or of the rules or regulations promulgated pursuant thereto forwhich such unit owner or his family members, tenants, guests or otherinvitees are responsible.
B. Before any such suspension or charges may be imposed, the unit owner shallbe given an opportunity to be heard and to be represented by counsel beforethe executive organ or such other tribunal as the condominium instruments orrules duly adopted pursuant thereto specify.
Notice of such hearing, including the charges or other sanctions that may beimposed, shall, at least fourteen days in advance thereof, be hand deliveredor mailed by registered or certified United States mail, return receiptrequested, to such unit owner at the address or addresses required fornotices of meetings pursuant to § 55-79.75.
The amount of any charges so assessed shall not exceed fifty dollars for asingle offense, or ten dollars per diem for any offense of a continuingnature, and shall be treated as an assessment against such unit owner'scondominium unit for the purpose of § 55-79.84. However, the total chargesfor any offense of a continuing nature shall not be assessed for a periodexceeding ninety days. After the date a lawsuit is filed challenging any suchcharges, no additional charges shall accrue. If the court rules in favor ofthe unit owners' association, it shall be entitled to collect such chargesfrom the date the action was filed as well as all other charges assessedpursuant to this section against the unit owner prior to the action.
The hearing result shall be hand delivered or mailed by registered orcertified mail, return receipt requested, to such unit owner at the addressrequired for notices of meetings pursuant to § 55-79.75 within seven days ofthe hearing.
C. This section shall not be construed to prohibit the grant, by thecondominium instruments, of other powers and responsibilities to the unitowners' association or its executive organ.
(1993, c. 667; 1997, cc. 173, 417; 2000, cc. 846, 906; 2002, c. 509.)