Condominium fines: how to sanction while respecting due process

Noise at 2 a.m., dogs off the leash at the pool, cars parked in visitor spots all week long. Every condominium has its recurring violations, and the temptation is to settle them with a quick fine. The problem is that a poorly applied fine can’t be collected, creates conflict with the neighbor and undermines management’s authority. This is the process that makes a sanction stick.

This article is for information only and is not a substitute for legal advice. Always review your condominium’s bylaws and current assembly resolutions.

1. Bylaws first: no prior rule, no fine

Costa Rica’s Condominium Property Law (Law 7933) leaves it to the condominium bylaws to regulate community life and the use of common areas. For a fine to be defensible, the bylaws or a valid assembly resolution must state, before the violation occurs:

• Which conduct is prohibited, as precisely as possible.
• Which sanction applies: warning, fine, suspension of amenity use.
• The amount or how to calculate it, and whether it increases for repeat offenses.
• Who decides and who hears appeals.

If your bylaws only say “misuse of common areas will be sanctioned”, with no amounts or procedure, it’s worth amending them in an assembly before you start fining.

2. Record the facts with evidence

Every sanction starts with a report: who did it, what happened, when and where, and what evidence exists. Photos, camera footage, the gatehouse log or the guard’s account. The more objective the record, the less room there is for “your word against mine”.

The guard can and should report what they see, but should not sanction. Their role is to document; the decision belongs to whoever the bylaws designate, usually management or the board.

3. Give notice and the right to defend

This is the step most often skipped and the one that overturns the most fines. Before deciding, notify the responsible person in writing (usually the unit owner, even if a tenant or visitor committed the violation):

• The facts attributed to them and the evidence.
• The bylaw rule that would have been broken.
• The sanction that could apply.
• A reasonable period to submit their defense and evidence, for example ten business days.

Notifying through a channel that leaves proof of receipt, such as email or a notification inside the condominium’s system, avoids later arguments about whether the person was informed.

4. Decide in writing, with reasons

Once the period ends, whoever has the authority decides. The decision must explain why the facts are (or aren’t) considered proven, how the defense was weighed and which sanction applies under the bylaws. A decision that only says “you are fined ₡50,000” with no reasons is easy to challenge.

There are three possible outcomes, and all three are valid:

1. With a sanction, when the facts are proven.
2. Without a sanction, when the defense refutes them or the evidence falls short.
3. Dismissed, when there was a procedural error or the case expired.

5. Appeal and repeat offenses

The bylaws should provide a second instance: if management decided, appeal to the board; if the board decided, to the assembly. If the appeal succeeds, the sanction is revoked and any related charge is voided from the account statement.

A repeat offense can only increase the sanction if the bylaws say so and the previous violations are final. That’s why an orderly per-unit history is essential: without it there’s no way to show this is the third time.

6. Reasonable, proportionate sanctions

A good rule of thumb is for the sanction to be proportionate to the violation and gradual: a written warning the first time, a fine afterwards, suspension of recreational amenities for serious or repeated violations if the bylaws allow it. Measures such as cutting off essential services or blocking access to the home are not legitimate sanctions and expose the condominium to lawsuits.

Common mistakes that void a fine

• Fining conduct the bylaws don’t expressly prohibit.
• Not giving notice or a period to respond.
• Deciding without written reasons.
• A decision by someone without authority under the bylaws.
• Applying different amounts to identical cases.
• Losing the file: with no record, the sanction can’t be upheld.

How CondoCMS handles it

In CondoCMS each violation is a case file with stages: reported, notified, defense submitted, decided with or without a sanction, and appealed. Defense and appeal periods come from the condominium’s settings, the decision requires stated reasons, repeat offenses are calculated automatically and the fine is charged to the account statement, or voided if the appeal succeeds. The guard reports from the gatehouse with photos but cannot sanction. To see the full cycle, request a demo. And if the fine goes unpaid, read how to collect overdue fees.

Next step: see violations and fines.