HOA Manager Deciding on Compliance Problems - Is This Acceptable?

I had read in our local newspaper some time ago an article written by a law firm who handles HOA problems. It made reference to the fact that there must be a specific committee for Compliance and that the Manager/Maintenance employee of an HOA cannot make this determination. Is there such a ruling? OR - can the Manager submit the compliance problems to the committee for their final opinion before letters are mailed to homeowners? Would appreciate a ruling on this please.

It depends on what your contract says with the Management company. Some HOA's want the management company to handle these issues. Which if they do, then they have to put it in the contract. However, a Management company should only do what the HOA tells them to do and final approval.

Many HOA's get into the "blurred lines" area with their management company. HOA's are typically run by volunteers with little or no experience. They are not paid and not professionals. Which leads to the blurred lines as most of these type people just want the Management company to do the work. They don't understand the relationship as many don't.

Yes, and no the MC can enforce restrictions if they are agreed to do so.

Well - when the builder turned over the HOA to the community, we never used the Management Company for Compliance and we had a committee of residents who handled that. But in the last 5 or 6 years, that has changed and the Manager & Maintenance person make the decision as to who is not in compliance either for power washing or other pertinent maintenance. By the way, the Manager is only a part-timer and only available a few hours a day. Presently, we do have a Compliance Committee but they do not do inspections at all - perhaps the Manager runs the complaints by them.

Barb,

Per FL 720.305 (2):

(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.

It is typical for a MC or PM to make the initial warning. If there are fines, it's also typical for the MC or PM to be the one to inform you of your right to a hearing and, perhaps, the outcome of the hearing. It's up to you to inform the Association, typically through the MC or PM, that you desire to exercise your right. If you don't want a hearing, then there is no need to have a committee to hold the hearing.

Keep in mind that I am not an attorney and I do not work in the legal profession. FL has some unique statutes that apply to Associations and it may take the advice of a local attorney to help you understand your rights and the Associations responsibilities.

As others have said, hopefully someone from FL who has a better understanding of those statutes will respond.

Hope this helps,

Tim

Tim has spoken.

The question has been definitively answered.

Enough said

Our Management Company sends out violation/fine letters and follows up on them. The letters are generated when requested by our BOD or ACC Committee. Our MC does not roam the neighborhood looking for violations. If one wants to appeal, they appeal to the BOD.