Procedure for fines?

I am a new member to our community and HOA (Florida), of which I am now VP. Our current president is handing out fines with no warning given and there seems to be no formal declaration of how much fine for what offence? Is it legal to just give our fines as the mood strikes you? Does a procedure or schedule need to be part of our covenents?

Thank You. I looked that up today and that is what I thought it said, but I wasn't sure. Thanks for your input.

Linda, we have a management company because it prevents hard feelings between home owners. Well our management company would go willy nilly on the fines, change the amount, give some fines others not, so the board made a Fine Policy that states how long the home owner has to correct the problem, fine amount for first offenders that do not correct the problem, etc. This was then sent to all home owners so they know what to expect.

LindaW

Our HOA is in GA and our Covenants as well as By-laws make provision for the Guidelines/Standards Committee (or Board) to impose fines. Our community rules & regulations state that failure to comply (with covenants and/or rules and regulations) after receiving proper notice, will result in fines assessed per day and/or occurrence. Per our attorney, we were not required to detail $ amounts thus allowing us to increase fines for those repeat offenders, refusing to comply.

Our procedure with the management company is that the 1st notice is sent(some violations request immediate action with 10 days to comply - such as cleaning poop from the yard, storing garbage cans from sight of the front street, repeatedly parking on the street. However others provide 30 days for corrective action - such as repairing or replacing a garage door, repairing or removing a broken or inappropriate fence). After said time frame, depending on the nature of the violation, a second notice is sent if corrective action was not taken to address the violation. They are given the same timeframe for correction as well as the ability to request a hearing within 10 days of receiving the letter. It also notes that if corrective action is not taken, fines will be assessed to the HOA account per day/occurrence.

Typically fines are $10 per day for non compliance of garbage can violations and formal notice is sent via certified mail. For residents repeatedly parking on the street, fines are most often $25 per occurrence and notice is sent via certified mail as well.

I would like to suggest as the others have, that your HOA consults with your attorney and develop a standard guideline for which to follow. Good luck!