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Subject: Violation & Enforcement
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Author Messages
JoseV
(Florida)

Posts:16


01/26/2019 8:05 AM  
Our Doc state that "Upon learning of a violation, the association shall issue the owner a written notice"/ "that a fine will begin to accrue if the violation is not cured within 30 days of receipt."
Our board has extended this rule by changing it to 90 days. Therefore, perpetuation violation for as long a several months to years. Is it legal to change the Doc or interpret them to their liking? Don't they have a fiduciary responsibility to enforce these rules within the 30 days stated by our docs? My understanding is that in order to change any rules you need at lease 61% community approval.

Also, a a Home Owner managed to collect enough votes to change the the "roof type.". We currently have 3 dimensional shingle roofs. The board approved a mental which has taken away from the character of our community. Can anyone provide me with some information regarding this these types of dramatic changes?
KerryL1
(California)

Posts:6350


01/26/2019 8:59 AM  
Let's start with this: what the name of the document you quoted?

GenoS
(Florida)

Posts:2907


01/26/2019 1:16 PM  
The fining process for both condos and HOAs in Florida is strictly controlled by the statutes: FS 718 for condos and FS 720 for HOAs. You have to have a fining committee, provide notice to the violator, conduct a hearing, and the fining committee has the FINAL word on whether or not a fine may be imposed. Your board cannot unilaterally decide to begin a fine after 30 days (or 90 days). The board has to follow procedures as set forth by the relevant statute.
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