Quote:
Posted By JeanneL on 09/08/2013 3:27 PM
I have read Florida Statue 720.305 and have not found any recommendations on "how much to fine a homeowner for a fine fine the first time".
The actual amount would be a decision of the Board/Fining Committee. Ideally the Association has already adopted a fine schedule (x amount for the first, x amount for the second, etc.).
Per
FL 720.305 The fines may be up to $100 for the violation. A fine may be levied for each day of a continuing violation. The total amount of a fine for a specific violation may not exceed $1,000
Quote:
Posted By JeanneL on 09/08/2013 3:27 PM
I am also told that in order for a BOD to pursue fining a homeowner, the decision to fine must be unanimous on the part of the Fine Committee.
That is incorrect.
Unless your governing documents require a unanimous vote to fine,
FL 720.305 only requires a majority vote.
Quote:
Posted By JeanneL on 09/08/2013 3:27 PM
Lastly, I believe there is a 14 day period in which the homeowner will be given an opportunity to present information to the BOD and Fine Committee regarding the circumstances causing the 'offense'.
Again, per
FL 720.305, the Association may not
initially fine (continuing violations are different) without a minimum of 14 day notice to the member 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.
Quote:
Posted By JeanneL on 09/08/2013 3:27 PM
I have read Florida Statue 720.305
You may want to go back and read that section again (see previous links) as the answers you seek were in there (and of course within your Associations governing documents).
Here is the link to
Florida 720