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| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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NickK
(Florida)
Posts:30
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| 10/21/2006 5:31 PM |
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Sorry for the long post.
We have sent registered letters to numerous homeowners about violations ranging from dead grass to an unapproved patio slab, which was self poured and unprofessional, so they covered it with green outdoor carpeting. They have all been given three weeks notice of a hearing at the next board meeting.
My question is, based on out Covenants, if they do not show up, do we start fining them on the spot? If the do show up, do we then have to provide them with a written decision by the BOD with 21 days and then can start fining them?
If they appeal, is it after going through the below appeal process that we start fining them?
Thanks in advance
A. Notice: The Association shall notify the Owner of the infraction or infractions at least fifteen (15) days prior to a hearing before the Board of Directors. Included in the notice shall be the date and time of the next Board of Directors meeting at which time the Owner shall present reasons why penalty(ies) should not be imposed.
B. Hearing: The noncompliance shall be presented to the Board of Directors after which the Board of Directors shall hear reasons why penalties should not be imposed.. A written decision of the Board of Directors shall be submitted to the Owner by not later than twenty one (21) days after the Board of Director’s meeting.
C. Appeal: Any person aggrieved by the decision of the Board of Directors as to a noncompliance may, upon written request to the Board filed within seven (7) days of the Board’s decision, file an appeal. An appeals committee will be appointed by the Board within seven (7) days of the request and shall consist of three (3) non-interested members of the Association. The appeals committee will meet and file a written determination of the matter and serve copies on both the Board and the aggrieved person. In no case shall the appeals committee’s findings be binding on either Party; however, the Board may elect to review its decision in light of the findings of the appeals committee. A failure by an Owner to file an appeal shall be deemed to be a waiver of any further legal remedies relating to the infraction.
D. Penalties: The Board of Directors may impose fines of up to One Hundred Dollars ($100.00) per violation or each day of a continuing violation and use its reasonablediscretion in determining a maximum aggregate fine which may exceed any limitation in Chapter 720, Florida Statutes.
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LindaC3
(Florida)
Posts:526
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| 10/21/2006 8:15 PM |
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| Nick- Are you in the State of Florida? I see that you referenced fla sta. What is the exact wording in your by-laws and Declarations ? Linda C |
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NickK
(Florida)
Posts:30
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| 10/22/2006 5:08 AM |
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| Yes, above is what the By-laws and Declarations state. |
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LindaC3
(Florida)
Posts:526
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| 10/22/2006 7:10 AM |
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NickK,I find some of the wording in your by-laws and decs for lack of a better word WEIRD.
3 non interested persons? I would also think that they would have to set a maximum in the fine area.I found the following in FSS......Have you read this ????? Linda C
FSS 720.305
) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.
(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.
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NickK
(Florida)
Posts:30
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| 10/22/2006 7:46 AM |
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| Thanks Linda, I will review all relevant documents. |
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| You are not authorized to post a reply. |
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