Quote:
Posted By Rod27J on 07/18/2013 5:03 PM
In Florida the HOA statutes don't mention if a notice must be given for late fee for late quarterly maintenance. Can someone clarify? How must notice be given and in what time period?
Hi, Rod:
Look in first in your CC&R. See if it says something about penalties for assessments. There is probably a whole section about the monthly HOA fees/dues/assessments or however you CC&R chooses to call them. Fines are usually different than late penalties for assessments, but you'll have to check your CC&R/bylaws.
There might be something about notification there.
Otherwise, look at your HOA CC&R about notification or delivery of documents. From there you might have required formats.
By looking at these two things, you'll have an idea of what you should do and the vocabulary words you can use to do a search of state legislature/civil code.
Typically, the state codes will have a qualifying statement like unless the CC&R/bylaws provides for more. For example, the state of California required four-day notification. Our former HOA CC&R required 10. For that reason, the ten is required. So California state codes supports at least 4, but since our CC&R require 10, the ten is mandatory.
Further, the state might be more current and allow certain documents to be delivered by email. Your CC&R may not. For example, again in California, meeting notification can be electronically delivered with agenda, but hearing notification must be delivered by first-class mail or personal delivery.
I hope this helps.