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VM (Florida)
Posts: 5
Posted:
I live in an HOA in Florida. Our board is somewhat power hungery. We have finally this week gotten them to agree to several committees. It has been brought to my attention by our MC that we can go no further with violations because we must have a fining committee in place (Florida Statue 720.305). I emailed the President asking about it and he said "the board will select three people to review any fines that may be imposed . That is a board function we intend to keep control of." I then asked "Is the board going to do this?" His response was "The board will select three people on a case by care basis to ensure that all portions of the Florida Statute are complied with" I do not understand. Is this committee not to be a standing committe with the same people on it and should they not hold regular meetings for each homeowner with unresolved violations for them to appeal before a fine is imposed?
P.S. Our board has only been in place since April 2005. Violations are happening and nothing is being done. The attitude now is if they can do it, so can I. It seems to me if we do "case by case" it could look like we are discriminating.
BarbaraK (Florida)
Posts: 36
Posted:
I also live in an HOA in Florida & the rules about a Fining Committee are spelled out in the Florida Statutes. There must be at least 3 members, none of whom are on the board or related to any board members. We issue 2 violation letters and if there is no compliance, we send a letter with the date they must go before the fining committee.(They must get 14 days notice). (No Board Members may be present). After the person presents his/her case, the Fining Committee determines if a fine is in order or not. The Board does not have the final say in this... Our Fining Committee is a standing committee, changing only when a member wants off...
VM (Florida)
Posts: 5
Posted:
Thank you Barbara. Do we as homeowners have the right to tell the board we want this committee?
BarbaraK (Florida)
Posts: 36
Posted:
The statutes don't address whether it has to be a standing committee, but it makes sense to have one. What would be the point in having a different one for each case, except for bias purposes?
HOmeowners absolutely have the right to express their opinion to the Board.
VM (Florida)
Posts: 5
Posted:
Thank you again Barbara. Obviously our board is dragging their feet on doing this. We also understand the statute as you do but they feel differently. I think they don't want the same people because the president thinks it would give them power. But in the mean time our "new" development in going down hill!

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