DUCIOA lets a Delaware association levy fines for violations of the declaration, bylaws, or rules, but only after notice and an opportunity to be heard, and only if the fine is reasonable. The act sets no dollar cap, leaving the limit to the reasonableness standard and the declaration.
25 Del. C. § 81-302 empowers the association, "after notice and an opportunity to be heard, [to] levy reasonable fines for violations of the declaration, bylaws and rules of the association." It may also impose late-payment charges and suspend privileges or services (other than voting rights) for nonpayment. If a tenant violates the rules, the association may, after notice and a hearing to both tenant and unit owner, fine the tenant. The statute fixes no maximum fine amount; the controlling limits are the express "reasonable" requirement and any cap in the governing documents. Unpaid fines become a statutory lien but, per § 81-316, cannot be foreclosed until reduced to a perfected judgment.
Owners who break the declaration, bylaws, or rules may be charged reasonable fines, late-payment charges, and suspension of common-area privileges or services (voting rights excluded) after a notice-and-hearing process.
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