Understanding 33-1803: Assessment Limitation, Penalties, and Notice to Member of Violation
Article 33-1803 is a key legal provision that addresses the issue of assessment limitations, penalties, and the provision of notice to a member in case of a violation in planned communities. The statute includes several important elements, each of which is necessary to understand the broader context.
Section A emphasizes the boundaries set on regular assessments levied by the association. Without majority approval from the members of the association, the board cannot impose a regular assessment that exceeds a twenty percent increase from the previous fiscal year's assessment. Additionally, the board may apply reasonable late charges for delayed payment of assessments. A late payment is one that remains unpaid fifteen or more days after its due date, unless the community documents allow for a longer period.
Section B elucidates that the board of directors, post notice and provision of an opportunity to be heard, may impose monetary penalties on members for violations of the declaration, bylaws, and rules of the association. Like with assessments, a late charge can't exceed the greater of fifteen dollars or ten percent of the amount of the unpaid penalty. Payments are considered late if they remain unpaid fifteen or more days after their due date.
Section C highlights the rights of members who receive a written notice of violation pertaining to the condition of their property. Members have the right to respond in writing via certified mail within twenty-one calendar days of receiving the notice.
Section D necessitates the association to respond with a written explanation to the member's response within ten business days. The explanation should detail the nature of the alleged violation, the date of violation, the names of those who observed the violation, and the process the member must follow to contest the notice.
Finally, Section E states that if the necessary information isn't provided in the violation notice, the association can't proceed with any enforcement actions, including collection of attorney fees, during the information exchange period. The member also has the right to request an administrative hearing regarding the matter in the state real estate department.
In conclusion, understanding 33-1803 helps members of planned communities understand the limitations on assessments, the penalties for late payments, and their rights and obligations in the event of alleged violations. This provides a framework for fair and transparent functioning within planned communities.