Fines

Procedure last approved 2/26/2025 by Board.

  1. On first violation if it can be remediated, homeowner (or both lessee and homeowner on behalf of their renter) shall be served with a friendly warning or notice of violation letter and given a minimum 15 days to remediate it. (Required by Md. Condo Act, Section 11-113, Md. HOA Act section 111.10).
    1. Letter must specify the covenant in violation and date of violation if it is not ongoing.
  2. If the violation is an existing problem (not for something in the past) and continues after 15 days or if the same rule is violated subsequently before then, homeowner is to be informed they may request for a hearing within 10 days to be held by the board in a closed executive session to go over violation(s). (Required by Md. Code, Real Property § 11-113)
  3. Failure for homeowner to agree to meet at all, failure to agree to meet within 10 days at a reasonable time, or if ruling after session concludes that a sanction is still appropriate for the violation, Board shall then be permitted to issue an official fine amount (Required by Md. Code, Real Property § 11-113)
    1. Fine shall be proportional to the violation and the level of difficulty that has been exerted on the Board to enforce it.
    2. May not charge a fine below $25 or above $1000 if one is issued (Required by Md. Code § 9-2-101).
    3. Fines for new offenses of the same type should follow an escalated system broken down by the following:
      • First Offense – $25 to $75
      • Second Offense – $50 to $150
      • Third Offense – Up to $300
  4. Continued offense (if applicable) for the same issue if it remains unabated shall not be granted the opportunity for a hearing by the Board and will just be given an additional fee of $15 for every 15 days it continues.
  5. New offenses of the same type shall not receive any warning but shall still be offered the hearing with the Board.
  6. Any and all fines unpaid shall receive interest at the rate or 12% per annum. (Required by Covenants).
  7. If the combination of unpaid dues, fines, and any applicable fees or interest exceeds $200, Board shall file a lien, as is the Association's right (Covenants, Article X, Section 5), and reserves the right to include filing/processing fees in the filing of such to total amount owed in those circumstances (Covenants, Article III, Section 8).
For Leased Homes - If the homeowner has not shared they are renting their house out in writing with the Board and provided contact information, homeowner may not refute the charges or opportunity to request a hearing on the basis of not receiving the letters/notices from a leasee. The tenant additionally has no contractual agreement with the HOA so either way the homeowner will always be fined for any and all violations on the part of the leasee. For that reason it is crucial and recommended that each homeowner’s lease agreements include a clause that the homeowner may fine their leasee for HOA fines assessed against the homeowner for the leasee’s actions.
  • Onus falls on the homeowner to ensure they are protected in their lease agreements.
  • Onus falls on the homeowner to ensure the Board has the correct address/email so these warnings/notices can be CCed appropriately. This may help apply pressure for it to stop and will ensure violations are paid timely to avoid the filing of liens against one’s home if it racks up to or beyond $200.

Examples:

  • Severn Woods Homeowners Association, Inc. All Rights Reserved.