Power of executive board to impose construction penalties for failure of unit’s owner to adhere to certain schedules relating to design, construction, occupancy or use of unit or improvement.
1. A unit’s owner shall adhere to a schedule required by the association for:
(a) The completion of the design of a unit or the design of an improvement to a unit;
(b) The commencement of the construction of a unit or the construction of an improvement to a unit;
(c) The completion of the construction of a unit or the construction of an improvement to the unit; or
(d) The issuance of a permit which is necessary for the occupancy of a unit or for the use of an improvement to a unit.
2. The association may impose and enforce a construction penalty against a unit’s owner who fails to adhere to a schedule as required pursuant to subsection 1 if:
(a) The maximum amount of the construction penalty and the schedule are set forth in:
(1) The declaration;
(2) Another document related to the common-interest community that is recorded before the date on which the unit’s owner acquired title to the unit; or
(3) A contract between the unit’s owner and the association; and
(b) The unit’s owner receives notice of the alleged violation which informs him that he has a right to a hearing on the alleged violation.
3. For the purposes of this chapter, a construction penalty is not a fine.
Last modified: February 27, 2006