Andy Barnett and his roommates received a $100 keg fine in the mail a week after they had a party.

But the problem is, he said, they did not have a keg.

Some residents of Penn Tower, 255 E. Beaver Ave., claim they have been wrongly accused by Associated Realty, 456 E. Beaver Ave., for having kegs in their apartments. The residents have consequently received fines.

Kris Holzworth, property manager for Associated Realty, said sometimes an employee spots the keg -- which is illegal in Penn Tower -- on a balcony, and although the company does not have physical proof, they take action anyway.

"If one of our employees saw (the keg), it is proof enough. They don't report kegs if they don't see them," she said.

She also said sometimes they find kegs in the apartments when they are showing the apartments to prospective tenants.

Barnett (senior-finance) said when they called to ask Associated Realty about the fine, they were told a maintenance worker spotted a keg on their sixth-floor balcony. He said that would be "quite impossible" to see.

But Holzworth said it is possible to see a keg on the sixth-floor balcony from the ground.

She also said Penn Tower is owned by Penn Tower Condominium Association and Associated Realty was hired as the building's managing agent. The Condominium Association set the keg rule a few years ago to control the size of parties and the amount of vandalism in the building. She added the damage has decreased as a result.

Associated Realty must enforce the rule throughout the building even though it only manages about 80 units in Penn Tower and the building's common areas, Holzworth said.

HFL Corporation, 467 E. Beaver Ave., and Calder Commons, 520 E. Calder Way, declined comment about their keg policies.

Associated Realty keeps a record of violations and watches those apartments more carefully. The residents are charged $100 per occurrence, Holzworth said.

Although they do not make special trips to check for kegs, if employees are in the building, they may "pop in" to check the apartment, she said.

Barnett said he thinks "it is their way of curtailing parties."

He and his roommates have not yet paid the fine. And, he said, because Associated Realty does not have proof, it is the employee's word against his.

Chris Beaverson (sophomore-business) and his roommates paid a keg fine they received, but he said they also did not have a keg. He said they received the fine for a party they had before Thanksgiving break.

He said his roommate called to dispute the fine and made a compromise with the realty company. His roommate allegedly told Associated Realty they would not pay the fine unless they agreed to fix some things in the apartment, Beaverson said. The dispute was settled.

But Holzworth said settling problems that way is not something Associated Realty would do. She also said she is not aware of any mistakes that may have been made.

"It's possible that changes may be made. This is the first year we've really been strict. If changes need to be made, then they will," she said.

Barnett said he thinks the employees should knock on the door when they spot the keg to let residents know instead of sending the fine in the mail a week later.

"I'd agree if they came to your apartment, pointed out the keg and said, 'Here's your fine,' " Barnett said.

Barnett and his roommates were caught with a keg before this incident when an employee for Associated Realty was showing their apartment to prospective tenants. He said they deserved the fine that time because the keg was there as proof.

Holzworth said sometimes the fines are given out on the spot by security guards, but if Associated Realty does not manage the unit then it sends the fine to the owner of the apartments who students rent from.

One student, who wished to remain anonymous, said Associated Realty sent her and her roommates a notice in September 1993 that stated they had a keg on their balcony and would have to pay a $100 fine.

"We've never had a keg," she said, adding that they were not even home that night.

She said when they went to the office to dispute it, they were told the man who reported them said he saw the keg on their balcony and said he saw them "partying up a storm." She added that when she asked to talk to the employee, Associated Realty would not let them talk to him, saying he was not involved.

In response, Holzworth said, "I don't know anything about that."

Maintenance workers are not available for comment because they are working in the units during the day and could not be reached, she said.

Students can take their cases to court if the realty company does not have physical proof, said Linda Collier, attorney and director of Student Legal Affairs for Student Life.

"Any allegation should be supported by evidence," Collier said. If it becomes a case of their word against the residents', then the court would decide who is the more credible party, she said.