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Subject: Procedure for fines?
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Author Messages
LindaW
(Florida)

Posts:17


04/24/2006 8:36 AM  
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?
BarbaraK
(Florida)

Posts:33


04/24/2006 10:33 AM  
Linda: If your documents don't refer to the proper way to impose fines for violations, the Florida Statutes do. The person must receive a notice 14 days before a hearing is scheduled. Three people make up the fining committee and they can't be Board members or their families. They meet, hear the person's side of the story, and determine if the person should be fined or not. No Board member may hand out fines to anyone. Check with Florida Statutes 720.....
LindaW
(Florida)

Posts:17


04/24/2006 10:52 AM  
Thank You. I looked that up today and that is what I thought it said, but I wasn't sure. Thanks for your input.
HaroldS
(Arizona)

Posts:906


04/24/2006 8:23 PM  
Doesn't Florida have an HOA ombudsman? This president needs to have someone he fined file a complaint with the ombudsman for ignoring Florida law and due process. Florida law is very clear about proper notice and hearing and not by a board member. Go after him. Harold
TomJ
(Arizona)

Posts:42


04/28/2006 2:09 PM  
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.
AlbertD
(Florida)

Posts:3


04/28/2006 7:00 PM  
LindaW

My mindset is that if there is no provision(s) in your covenants that specifically specifies a monetary fine for a particular violation or any violation, then no officer or director can levy and collect a fine.

We've just recently presented this question to our attorney and since we don't have any provision in our covenants, he flat out said NO, you can't levy a fine.

The only area where he said yes, was in connection with "late payment fees" assessed when payment of regular monthly maintenance fee is deemed deliquent.
ValerieS
(Georgia)

Posts:19


04/30/2006 11:12 AM  
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!
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