Can a condominium owners' association impose fines that are not provided for in the regulations?

The assembly must justify the basis of the fine

A resolution passed by the owners' association does not automatically impose any penalty . If the bylaws do not specify the sanctioned conduct, the amount, or a valid mechanism for determining it, the owner may challenge the penalty . It should also be reviewed whether a valid amendment to the bylaws existed prior to the act that is being sanctioned.

Majorities and the call they matter

Article 12 of Law 5038 on condominiums makes the binding nature of resolutions contingent upon their adoption in accordance with the assembly rules and establishes special majorities for amending the regulations. When a matter requires unanimity , an ordinary vote does not substitute for it. The administrator also cannot assume powers that do not belong to them.

An cuota It is not the same as a penalty.

Contributions for the upkeep and management of common areas are distinct obligations from fines for noise, pets, or misuse of facilities. Calling a penalty a "special assessment" does not resolve the lack of justification. Nor is it appropriate to presume that all penalties enjoy the same guarantees afforded to common expenses .

The new rules must be established correctly.

The consortium may consider amending its bylaws within the legal framework and respecting individual rights. It must clearly define conduct, consequences, and procedures, observe the required majorities, and comply with the corresponding registration requirements. The retroactive application of a penalty created after the fact is not valid.

How to object to the charge

Request the registered bylaws, any amendments, the meeting notice, the minutes of the assembly, and evidence of the violation. Submit a written objection identifying the defect and request a response and correction of the statement of account. Continue paying your dues: disputing a fine does not eliminate the owner's other obligations.

The appeal must be directed to the appropriate channel

If the conflict persists, the validity of the agreement and the collection must be judicially assessed, taking into account the subject matter and the claims. The solution may require suspending or nullifying an irregular decision, but it does not automatically arise from refusing to pay. Maintaining records and communications allows for a well-founded challenge.