— Mandated in Maine
The fine, once assessed, is a lien on the unit, lasting for three years. The association can sue him in small claims court to collect the fine, or even foreclose on the unit in the same manner as a bank forecloses a mortgage. If the association succeeds in court, the owner is responsible for the fine and also for paying theassociation’s attorney fees.
The association needs to be careful aboutthis: it must have given the rule breaker an opportunity to be heard; it must show that the rule is valid and that the unit owner violated it; and it must convince the judge that the fine is reasonable under the circumstances. If the board fails to do these things, it might have to pay the unit owner’s attorney fees.
— Joseph Carleton, Jr., Esq.