The fining process

In Florida, Chapter 720 states the association may levy fines of up to $100 per violation and the fine may be levied for each day of the continuing violation not to exceed $1,000. In subsections it also states the association may suspend the rights of the member or member's tenant, guest or invitee. The next subsection states a fine or suspension may not be imposed without a 14 day notice to the homeowner and an opportunity for a hearing before a committee of 3 members. It also states if the committee, by majority vote, does not approve a fine or suspension, it may not be imposed. If there is a fine, notice by mail must be provided.

My Board simply reads paragraph 2 which says they can fine but does not read the subsection that says there must be a hearing before a committee and the committee approves the fine or suspension.

I've been asked to revise the community standards to indicate that the board will impose a fine and the homeowner will then need to request a hearing before the committee. Doesn't seem correct to me and I hesitate to do it that way.

What is the interpretation of 720.305(2)(a)(b)?

JoAnne

Strike the above advice. You can tell the section was written by an attorney because it is ambiguous. Does the committee only rule on contested violations or must they rule on all violations? IT would be better to schedule the hearing automatically and let the committee decide on all violations.