Enforcing The Rules

1. Any owner witnessing a violation should fill out a violation form and submit it to the Board of Directors.
2. Once the Board receives the notice of violation, they should send a form to the unit owner accused of the violation stating that there will be a hearing to further investigate this matter. The owner should be advised that the hearing will proceed in the owners absence. Again, the Board should use the same form in each instance.
3. At this hearing, the Board should listen to the complaining witness and the accused. After doing so, the Board should convene in a closed session to determine what, if any, action to take to enforce compliance.
4. After the Board deliberates, they should vote on the remedy. After a vote is taken then it needs to be ratified at an open Board meeting. A notice of determination should then be sent to the accused stating the outcome.

It is very important that a Board follow the above procedures prior to assessing any fine. Not only does Puerto Rico law require that an owner receive an opportunity to be heard prior to the Board assessing a fine, but this approach can help insulate boards from charges that they acted in a discriminatory manner when enforcing its Rules and Regulations. Although an Association cannot prevent receipt of a discrimination complaint, it can take steps to minimize its exposure to such actions. By addressing each rules violation in the same manner and using the same form and procedure for each violation, the board will aid the Association in defending such a claim.