Enforcement of Covenants in Florida

I am the President of a 50 unit HOA that was elected in February and we became self managed in March. We are going to be ratifying many Rules & Regulations in the next few months but the ones I am primarily concerned about right now deal with covenant violations. I have read FS 720 and come to somewhat different conclusions than what has been posted by other members of this forum from Florida.

The Florida Statute in question (FS 720.305.2) says:
“If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.
(a) A fine or suspension may not be imposed without notice of at least 14 days 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.
(b) The requirements of this subsection do not apply to the imposition of suspensions or fines upon any member because of the failure of the member to pay assessments or other charges when due if such action is authorized by the governing documents.
(c) Suspension of common-area-use rights shall not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.”

Our Covenants and By-Laws say that we can hand out by day fines and so the limit is $1,000 total. Why do I see that people suggesting $100 a day when it clearly says $100 per incident is the maximum unless it is a by day charge? If you are saying $100 a day for a by-day fine, then what is the incentive after 10 days? We are planning on it being $10 a day * the number of the offense or something like that. Does anyone have thoughts as to the amount?

I know that they have to have an appeal before a group of at least three homeowners who are not on the board or related to the board and I know we have to give 14 days, but it is still unclear to me.
o It says “an opportunity” does that mean that when you send out the violation notice you say that they have 14 days to submit in writing a request for an appeal? Seems that is an offer rather than the mandatory setting of a Hearing at a place and time, especially since you might need to involve homeowners who are not prone to volunteering (only 50 houses remember).

o It says a 14 day notice before the fine, so do you give a deadline in the violation notice and say that after it the fine of $xxx per day will begin to accumulate?

o How does the 14 day notice apply to repeat offenses? Is it 14 days each time, if so then certain offenses would appear non-enforceable?

Our Covenants and By-Laws say that we can hand out by day fines and so the limit is $1,000 total. Why do I see that people suggesting $100 a day when it clearly says $100 per incident is the maximum unless it is a by day charge?
A. Each HOA can determine if it is per day, per week. or whatever.

If you are saying $100 a day for a by-day fine, then what is the incentive after 10 days?
A. Move towards correction by the HOA.

We are planning on it being $10 a day * the number of the offense or something like that. Does anyone have thoughts as to the amount?
A. I think $10/day is more reasonable than $100/day, but that is up to the HOA and could be variable based on the violation.

It says “an opportunity” does that mean that when you send out the violation notice you say that they have 14 days to submit in writing a request for an appeal?
A. No, it means a Hearing can not be scheduled in less than 14 days.

It says a 14 day notice before the fine, so do you give a deadline in the violation notice and say that after it the fine of $xxx per day will begin to accumulate?
A. Yes, unless at the Hearing no violation is established.

How does the 14 day notice apply to repeat offenses?
I don't any other provisions for a repeat offense so I would presume so.

Is it 14 days each time, if so then certain offenses would appear non-enforceable?
A. I disagree, all violations can be enforced. But each violation would need to be corrected, by the Board when necessary, before the violation is repeated.

When I say certain things are not enforceable, what do you do if someone parks a motor home out front of their house for a week? They get the notice but know they will be long gone before the deadline has expired.

What about parking at the street each night? We have only one entrance into the subdivision and people at the front insist on parking on the street and leaving their driveway empty. The covenants say park in the garage or driveway first and only then in the street in such a manner as to not block traffic. It still happens and since they move the vehicle each day they go to work it would reset the 14 days, would it not?

What about mowing the lawn and letting it get very high? I would think that it would have to go at least a week beyond it should before it is even noted and then an additional two weeks before we can do anything.

See the pattern here? If we have to give 14 days for each item, each time then it makes many things effectively un-enforceable.

The next step I recommend in Colorado, after assessed fines fail to achieve correction, would be to get a court order, enter the property with a contractor and police, have the contractor make the necessary repairs to come into compliance, and assess all costs to the owner's property.

One more question Roger. How do you get a court order without involving attorneys?

The problem for us is that we have people who over the last few years decided the rules don't apply to them. There are about 10 houses out of the 50 that need to have their lawns seriously fixed, about half the houses have something else that needs some attention (like cleaning their driveway or roof) and 4 houses behind in their dues (although one is in foreclosure). It doesn't matter who sends them a letter, they just ignore it.

That is the reason I am asking about people who have experience in Florida. I can quote a particular Florida statute and we can discuss it but if you haven't dealt with the laws in Florida you are probably stepping on other statutes.