(1) Each
member and the member’s tenants, guests, and invitees, and each
association, are governed by, and must comply with, this chapter, the
governing documents of the community, and the rules of the association.
Actions at law or in equity, or both, to redress alleged failure or
refusal to comply with these provisions may be brought by the
association or by any member against:
(a) The
association;
(b) A
member;
(c) Any
director or officer of an association who willfully and knowingly
fails to comply with these provisions; and
(d) Any
tenants, guests, or invitees occupying a parcel or using the common
areas.
The prevailing party
in any such litigation is entitled to recover reasonable attorney’s fees
and costs. A member prevailing in an action between the association and
the member under this section, in addition to recovering his or her
reasonable attorney’s fees, may recover additional amounts as determined
by the court to be necessary to reimburse the member for his or her
share of assessments levied by the association to fund its expenses of
the litigation. This relief does not exclude other remedies provided by
law. This section does not deprive any person of any other available
right or remedy.
(2) The
association may levy reasonable fines of up to $100 per violation
against any member or any member’s tenant, guest, or invitee for the
failure of the owner of the parcel or its occupant, licensee, or invitee
to comply with any provision of the declaration, the association bylaws,
or reasonable rules of the association. A fine may be levied for each
day of a continuing violation, with a single notice and opportunity for
hearing, except that the fine may not exceed $1,000 in the aggregate
unless otherwise provided in the governing documents. A fine of less
than $1,000 may not become a lien against a parcel. In any action to
recover a fine, the prevailing party is entitled to reasonable attorney
fees and costs from the nonprevailing party as determined by the court.
(a) An
association may suspend, for a reasonable period of time, the right
of a member, or a member’s tenant, guest, or invitee, to use common
areas and facilities for the failure of the owner of the parcel or
its occupant, licensee, or invitee to comply with any provision of
the declaration, the association bylaws, or reasonable rules of the
association. This paragraph does not apply to that portion of common
areas used to provide access or utility services to the parcel. A
suspension may not impair the right of an owner or tenant of a
parcel to have vehicular and pedestrian ingress to and egress from
the parcel, including, but not limited to, the right to park.
(b) A
fine or suspension may not be imposed without at least 14 days’
notice to the person sought to be fined or suspended and an
opportunity for a hearing before a committee of at least three
members appointed by the board who are not officers, directors, or
employees of the association, or the spouse, parent, child, brother,
or sister of an officer, director, or employee. If the committee, by
majority vote, does not approve a proposed fine or suspension, it
may not be imposed. If the association imposes a fine or suspension,
the association must provide written notice of such fine or
suspension by mail or hand delivery to the parcel owner and, if
applicable, to any tenant, licensee, or invitee of the parcel owner.
(3) If
a member is more than 90 days delinquent in paying a monetary obligation
due to the association, the association may suspend the rights of the
member, or the member’s tenant, guest, or invitee, to use common areas
and facilities until the monetary obligation is paid in full. This
subsection does not apply to that portion of common areas used to
provide access or utility services to the parcel. Suspension does not
impair the right of an owner or tenant of a parcel to have vehicular and
pedestrian ingress to and egress from the parcel, including, but not
limited to, the right to park. The notice and hearing requirements under
subsection (2) do not apply to a suspension imposed under this
subsection.
(4) An
association may suspend the voting rights of a parcel or member for the
nonpayment of any monetary obligation due to the association that is
more than 90 days delinquent. A voting interest or consent right
allocated to a parcel or member which has been suspended by the
association may not be counted towards the total number of voting
interests for any purpose, including, but not limited to, the number of
voting interests necessary to constitute a quorum, the number of voting
interests required to conduct an election, or the number of voting
interests required to approve an action under this chapter or pursuant
to the governing documents. The notice and hearing requirements under
subsection (2) do not apply to a suspension imposed under this
subsection. The suspension ends upon full payment of all obligations
currently due or overdue to the association.
(5) All
suspensions imposed pursuant to subsection (3) or subsection (4) must be
approved at a properly noticed board meeting. Upon approval, the
association must notify the parcel owner and, if applicable, the
parcel’s occupant, licensee, or invitee by mail or hand delivery.