No volunteers for Fines Committee - Florida HOA

We are a relatively small HOA in Florida with less than 100 homes. It's my understanding that Florida statute requires that before a BOD can impose a fine it must first present the violation to a Fines Committee for consideration of the fine. The member who is to be fined also has to be given an opportunity to appear before the Fines Committee and present his side of the problem. The Fines Committee then votes on whether to approve the fine or not. The BOD cannot access the fine without the Fines Committee vote of approval. No approval, no fine. No member of the BOD, their relatives or in their household can be on the Fines Committee. My HOA has never had a Fines Committee and is trying to establish one to be in compliance with Florida law. Our HOA's problem is that no member will volunteer to be on the Fines Committee. So a question for other Florida HOA's, have any of you had this problem of no volunteers for the Fines Committee, and how did you deal with it so that fines can be imposed as necessary for non-compliance issues.

Florida law is specific about the fining committee constituants.
BOD members cannot substitute.

Kinda' keeps things in 'check'.

No, BOD members, nor anyone in their household or relatives, can be on the fines committee in Florida HOA's. It helps to keep the boards from wrongly issuing fines, but with no volunteers for the committee, it keeps us from issuing fines for infractions. I guess the only thing we can do is advise the members that with no fines committee, the BOD has no way to enforce infractions. So I guess it's up to the members whether or not they want infractions to be enforced. Unless anyone has any other ideas on how to handle this problem.

Tim, after thinking about it, you are right in that a legal injunction is about the only thing we can do to try and enforce the convenants when we can't get volunteers to fill the Fines Committee.

"...asessments WILL need to be raised..."?

Tim's response is nothing more than a threat.

Volunteer or else expect to pay.

Be prepared to do it or expect to be ridiculed for being alarmist.

You need to better budget for the legal expenses required to maintain your assn. without assuming volunteeres will come forth to fine their neighbors.

Fla. allows legal expenses to be borne by the losing party so the injunctive relief shouldn't cost the assn. anything.

Is there anything stopping the BOD from talking to residents as reasonable adults? HOAs and condos have been in the news so often for their absurd policies that the universe of buyers narrows daily. And when that universe narrows, the property values drop, also. Not just in your community, but in everyone's.

Do you really want to be on Action News at 11 because you're taking someone to court when their hedges are 6' tall instead of 5'?

Mike Pesce and David Ramsey, Esq, who as officials of the CAI can't be considered HOA scofflaws, once wrote about inflexbility and lack of common sense:

Many board members may prefer the black-and-white approach because it simplifies the process and allows board members to devote more time to what is viewed as the essential functions of a board in reviewing contract specifications, budgeting and so forth.  However, it ignores the fact that the community association field has learned that, perhaps, the most important function of a board – and a factor that builds value in a community just as much as the beauty of the landscaping – is the sense of harmony that exists in the community.... The use of common sense and flexibility allows the association to enforce the essential purpose of a particular rule while not dragging the association into controversy that divides the community. [Emphasis mine]

It sounds like you have some sense of harmony in your community if nobody is chomping at the bit to fine their neighbors. Why not try a different path and work with the community instead of against it?

We discussed this situation last night at our board meeting,seems to me Florida state doesnot want us to be able to enforce our rules,anyway our vice president is a very clever lady and came up with the idea that we contact neighboring H.O.A boards and offer a reciprical service with regard to fines,I.E. 3 of their board members will sit on our fines committee and 3 of ours will sit on theirs!

Their is nothing as far as I understand it that says committee members have to be homeowners on our sub division or even live there!

So any H.O.A boards near to Wellington Sub Division in Davenport Florida who is interested please contact me as soon as possible.

I am not certain if this solution would work. The law reads as follows (emphasis added):

(b) 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 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. If the association imposes a fine or suspension, the association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any tenant, licensee, or invitee of the parcel owner.

Because the statutes state that the committee must be made up of at least three members, having board members of a different association may not fly unless you have three of your own members on the fining committee.

Dang it, I hit the submit too soon.

I was going to add that perhaps someone in FL could get an interpretation from the FL ombudsman office.

The statute defines the term "members."

While I disagree, as some have stated in other posts, xhances in front of a judge are 50 50.