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CharlesG5 (Florida)
Posts: 60
Posted:
Florida HOA The board feels that a board member has violated the Code of Ethcis and has voted to let the Enforcement Committee take the board member to the Hearing Committee. Does the Enforcement Committee have the right to do so since the Code of Ethics is a board matter and not under the Enforcement Committee guidelines? The board can not expell the board member or can the Hearing Committee only a recall of the homeowners can remove a board member. The Enforcement Committees say it can enforce all documents. Any thoughts?
GenoS (Florida)
Posts: 4,276
Posted:
Code of Ethics, Hearing Committee, Enforcement Committee? These must all be things specific to your governing documents because the Florida HOA statute has no requirements that any of these exist. There has to be a "Fining Committee" to approve any fines levied by the board, but other than that the things you're talking about are up to you. Any guidelines you have are yours and yours alone, they are not "standards" nor does the HOA law call for any.

FS 720 has no provisions to remove a sitting director other than a recall vote by the homeowners (or a felony conviction, or a director falling 90 days past due on his monetary obligations).

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