Fining Committee

Started by HowardH6 • 1 replies • 1001 views

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HowardH6 (Florida)
Posts: 1

Posted:

I am a new BOD member in a small HOA 20 members. During my first meeting a member asked to set up a fining committee so we asksed for 3 volunteers and recorded their names in the minutes. We did not fully understand what we were getting into. We didn't establish any procedures for the BOD to direct the Fining Committee. A couple of days later the Fining Committee levied a fine against a member. They didn't inform the BOD i.e. they didn't get BOD approval and they ignored FL statute that no fine will be levied until after affording the concerned member an opportunity to be heard. Is their fine valid? Is there any risk to the HOA?

Love tmy community and excited to be on BOD

PeterD3 (Florida)
Posts: 708

Posted:

Quote:

Posted By HowardH6 on 04/24/2013 5:21 PM
I am a new BOD member in a small HOA 20 members. During my first meeting a member asked to set up a fining committee so we asksed for 3 volunteers and recorded their names in the minutes. We did not fully understand what we were getting into. We didn't establish any procedures for the BOD to direct the Fining Committee. A couple of days later the Fining Committee levied a fine against a member. They didn't inform the BOD i.e. they didn't get BOD approval and they ignored FL statute that no fine will be levied until after affording the concerned member an opportunity to be heard. Is their fine valid? Is there any risk to the HOA?

Love tmy community and excited to be on BOD

Please ask your BOD to read FLSS 720.305.

The committee does not issue violations/fines. That is done by the Assn. via the BOD following proper protocol(s). The committee confirms or dismisses the violation. Sort of 'checks and balances' to deter abuse.

If this was handled exactly as you described, and I were the HO, I would ignore the violation/fine.

The risk to the HOA is mostly embarassment and a waste of funds pursuing such actions without required due-process.

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