fining committee recommendation final?

Started by BarbaraD6 • 9 replies • 1586 views

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BarbaraD6 (Florida)
Posts: 347

Posted:

Last night the board disagreed with some recommendations of the fining committee and the manager spoke up and said the board can't change the recommendations.(they didn't fine one unit that didn't cure the violation)
Is this how the fining process works?

Barbara

MaryA1 (Arizona)
Posts: 388

Posted:

Barbara,

What authority does your CCRs give to the fining committee? Committees are generally appointed by the board and only perform the job outlined by the board. I cannot imagine a board would appoint a committee that would have more authority than they do. Even when the A/C committee is given the authority to act w/o board approval it is the board who hears appeals and their decision on the appeal is final.

TimB4 (Tennessee)
Posts: 21,059

Posted:

It's all going to depend on what your governing documents (don't forget the resolutions) specify. Typically, everyone should be treated equally unless there are extenuating circumstances involved.

CharlesG5 (Florida)
Posts: 60

Posted:

Our docs give the Hearing Committee complete control. The committee consists of five homeowners.

If they agree with the homeowner, its over. If they disagree, they set the day the fine starts after giving the non-complying homeowner a set date to correct the problem.

Charles

PeterB1 (Florida)
Posts: 257

Posted:

In Florida, fines a governed by FL Statute 720 - specifically, 720.305(2)(a). Par of that paragraph says "(a) A fine or suspension may not be imposed without at least 14 days’ notice 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..."

Please read the entire section in 720.

BarbaraD6 (Florida)
Posts: 347

Posted:

Peter,

That was followed, after the committee meets the recommendations are sent to the Board to be voted on. If we have to agree with everything they recommend what is the sense in the Board having to do a vote?

Barbara

PeterB1 (Florida)
Posts: 257

Posted:

There is no provision in 720 for the Board to overrule the Fining Committee. I'm sure someone could argue that since the Board appointed the Committee, the must have power over the Committee.

I would disagree with that philosophy. Maybe you could ask the manager/Board, what gave them the power to overturn the determination of the Committee. Point to the section in 720 and listen to the response.

peter

BarbaraD6 (Florida)
Posts: 347

Posted:

Peter,

I am the president and the manager say we couldn't overturn it so we tabled it.That's why I'm asking questions.

thanks
Barbara

MaryA1 (Arizona)
Posts: 388

Posted:

Barbara,

You might want to take a look at who is on the fining committee and who they decided not to fine. Maybe they're friends, relatives, neighbors???? Some people have a hard time separating personal feelings from carrying out their job.

JeffP6 (Florida)
Posts: 91

Posted:

Quote:

Posted By PeterB1 on 11/11/2010 1:19 PM
There is no provision in 720 for the Board to overrule the Fining Committee. I'm sure someone could argue that since the Board appointed the Committee, the must have power over the Committee.

I would disagree with that philosophy. Maybe you could ask the manager/Board, what gave them the power to overturn the determination of the Committee. Point to the section in 720 and listen to the response.

peter

I would agree with you Peter - since the committee to my udnerstanding cannot be comprised of anyone on the Board itself I would say that lends it to be the committees final word

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