Florida Property Violations

Started by BoyntonL • 11 replies • 1571 views

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BoyntonL (Florida)
Posts: 19

Posted:

We are having issues finding information regarding who can issue property violations? Does one have to be licensed to issue?

Also, is there a set way as to how these are to proceed?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Have you read your Convenants and Restrictions? (CC&R's) Bylaws? or Articles of Incorporation? Your rules and how to correct issues are all in there. Your HOA will have to have a fine schedule and the ability to fine in order to enforce restrictions. It is usually the board who will bring the violations to the attention of the violator. However, if you have a Management company they may use them to send out notices. It usually is not the MC's job to issue the violation but to follow the direction of the board/HOA. Fines can't be the basis of lien in many states so don't assume you all can place liens for unpaid fines.

What kind of violations are we talking about? Could use more details there as well. Welcome to the forum!

Former HOA President

BoyntonL (Florida)
Posts: 19

Posted:

Can't find it in there. They are under link for HOA Documents on our homeowners site http://boyntonlakesnorth.tumblr.com

As for the violations, they are various harassing things. It seems as if president is firing off violations just to piss off homeowners and they really aren't real. If that makes any sense? When trying to talk to the president about our recent violations, he cussed my wife out.

We are in a horrible situation! Haven't seen financials in over 4 months, board spending uncontrollably. And the board requires 20% of homeowners to sign off if you want to be on an agenda. So basically we have no chance to even fight the violations!

It just doesn't seem fair that president can fire off violations, then you have to appeal to him, and then he decides to fine you. Where are the checks and balances? He shouldn't be the judge and jury. I have to wait to be fined before I can go in front of a compliance committee. So we have to be guilty to get a fair trial?

TimB4 (Tennessee)
Posts: 21,061

Posted:

Boyton,

Your CC&Rs authorizes any member or the Association may enforce the covenants.

Per your Bylaws, the Association's authority to enforce is a power of the Board of Directors (Article VII, Section 2 (g)). Additionally, the Bylaws specifies that one of the duties of the President is to sign all written instruments of the Association (Article VIII, Section 8).

Your Board could, but is not required to do so, adopt a resolution delegating the enforcement action to another committee (if they have, the link you provided does not give access to that document). Until this is done, the Board would be the enforcement arm for the Association and the notices would be signed by the President (which may give the impression that it's only the President who is citing violation, in reality it's the entire Board).

I agree that it doesn't seem fair. This is why, for my Association, we have delegated this authority to our Architectural Committee. Decisions of the Committee may be appealed to the Board.

As for the checks and balances, they come from the membership.

Sure the State corporation commission may fine for not filing the annual report on time. The IRS will certainly go after the Association for failing to file taxes. The District Attorney will prosecute if criminal laws are broken (example embezzlement). However if the Association doesn't comply with the Bylaws or a civil law, it's up to the membership to hold the Board accountable. The easiest way would be to recall the board or not reelect them to the Board. The more expensive option is to go through the court system.

This is why it's imperative that the members remain active in the development and actually take an interest in how the Association is governed. If apathy sets in (and, unfortunately it does), it becomes that much more difficult to change things when issues are discovered.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

.....he cussed my wife out.

EITHER:

a) file a police complaint (seriously)

OR

b) punch him out

OR

c) quit your bi#(^ing

IN OTHER WORDS: stop internet posting and take some actual action

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JohnB26 on 03/21/2013 7:11 AM

.....he cussed my wife out.

EITHER:

a) file a police complaint (seriously)

OR

b) punch him out

OR

c) quit your bi#(^ing

IN OTHER WORDS: stop internet posting and take some actual action

Tough love but fair post.

BoyntonL (Florida)
Posts: 19

Posted:

Quote:

Posted By JohnC46 on 03/21/2013 7:38 AM

Posted By JohnB26 on 03/21/2013 7:11 AM

.....he cussed my wife out.

EITHER:

a) file a police complaint (seriously)

OR

b) punch him out

OR

c) quit your bi#(^ing

IN OTHER WORDS: stop internet posting and take some actual action

Tough love but fair post.

Too bad (B) and (C) get me nowhere. And (A) just gets me more and more violations.

Is there a formal document to register a complaint against homeowners through state of FL or would it be different for every association?

BoyntonL (Florida)
Posts: 19

Posted:

And I plan on going to police today to see what they want to do. It's nice to hear everyone's opinions on here from the different perspectives- board members V homeowners. Thanks for all of the input!

ZacheryK (Florida)
Posts: 34

Posted:

BoyntonL - “It just doesn't seem fair that president can fire off violations, then you have to appeal to him, and then he decides to fine you. Where are the checks and balances? He shouldn't be the judge and jury”.

I’m not sure if this is applicable to your situation but Florida Statute 720.305.2.b states:

(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.

BoyntonL (Florida)
Posts: 19

Posted:

I was reading that last night and the way I took it is...I have to wait to have a fine before I can have the hearing..Seems a bit risky for the homeowner! We have to let timeline expire so fines set in, then we have to hope committee sides with us rather than board or else fines are kicked in from when board decided.

As for our compliance committee meeting last night, they approved fines for a bunch of homeowners with only 2 people present. Is this illegal? The people didn't have meetings but at same time, they didn't have the opportunity last night with only 2 people.

These laws can be read so many different ways!!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The laws you go by are your Convenants and Restrictions. They are available at your local courthouse if you do not have a copy. That is the one's your HOA is held to. The state laws you may be looking at are in addition to your rules. However, your CC&R's come first. I would suggest reading them and your other documents.

We don't know if they have a fining schedule in place, if they have the right to fine, and what you are being fined for. I've seen plenty of innoncent and guilty posters in violation on here who can't step away from the situation to see the big picture. We don't know if your seeing the forrest for all the trees.

Plus harassment is NOT sending a letter of violation to your home to tell you your in violation. That is a DUTY of the HOA to do that. So before I can say the President/HOA is harassing you, it has to qualify as harrassment. Notification does NOT. Especially if it is in regards to violations and giving notice to appear to appeal. Harassment is punishable by law and the police. Notification of violations are a civil matter and enforceable by a court of law.

Former HOA President

JohnB26 (South Carolina)
Posts: 1,569

Posted:

every single time you or the wife are harrassed and/or threatened you should file a police report/complaint

'they' are documenting violions

'you' are documenting possible crimes

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