West Virginia's Uniform Common Interest Ownership Act, W. Va. Code § 36B-3-102(a)(11), lets an association levy reasonable fines for violations of the declaration, bylaws, and rules, but only after notice and an opportunity to be heard. The Act sets no dollar cap, and unpaid fines become part of the association's lien.
Section 36B-3-102(a)(11) empowers the association to "impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules, and regulations of the association." The statute imposes no maximum fine amount; the only express limits are that the fine be reasonable and preceded by due process — notice and a hearing. Under § 36B-3-116, fines imposed against a unit owner are part of the association's lien from the time they become due, so an unpaid fine can be collected through the same lien and foreclosure machinery, together with costs and reasonable attorney's fees for the prevailing party.
Reasonable fines after notice and an opportunity to be heard; no statutory dollar cap. Unpaid fines become part of the assessment lien under § 36B-3-116 and can be enforced by foreclosure, along with costs and reasonable attorney's fees.
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