Fining Committee

Our Board just appointed a Fining Committee. Two of the members serving on this Committee are investors and do not even reside in the state. It is my understanding that Fining Committee is a hearing committee and the committee members must be present to hear all the facts before they decide whether the fine should be imposed. Am I right? Or, can the board insist the hearings can be done via conference calls?

Are there cases, Petrunka, when the Fining Comm. would need to investigate the alleged violation in person?

Well, the grapevine isn't fact, at least not yet. If you're the one with the dogs, wait until you get an official notice from the board, file your appeal and go on from there.

By the way, if this is an emotional support animal, why is it out on the balcony? If it's out there and yapping incessantly and/or the owner is using the balcony as a doggie toilet, I can see why the board is objecting (I once lived next door to a neighbor who did that - yuck!)

Personally, I don't understand the objection to potted plants, as they can beautify a balcony. The board can always limit the number or size of the pots if weight is an issue, as well as require they are drained properly so mud and whatnot doesn't drip on the balcony below.

Best of my knowledge, like members of the BOD, a member of the Fine Committee can attend by telephone.

I was trying to ask whether the Fining committee has to visually inspect alleged violations. If so, then living far away doesn't work. If not, then it doesn't matter and five that FL (& CA board may meet by phone, I should think eh fining Committee can too. I assume they're required to submit meeting minutes to the Board?? Or not?

Ah, good idea, Tim. I'm so photo-ignorant

Here is the Chapter 720, should anyone want to read it. Whoa.

Our By-laws do not mention any dollar amount that can be charged per day. They only state: 'Enforcing by legal means the provisions of the Documents, including levying fines". Chapter 720 states if the fines reach $1K the board can lien the property. I was told that in some 30 some years the Association has never fined anyone. This is a new territory for us and causing tensions. The fact the Fining Committee members do not even reside here and may not even know anyone is not - in my book - the best decision the board has made. But, such is life.
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720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.—
(1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:
(a) The association;
(b) A member;
(c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and
(d) Any tenants, guests, or invitees occupying a parcel or using the common areas.
The prevailing party in any such litigation is entitled to recover reasonable attorney fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy.
(2) The association may levy reasonable fines. A fine may not exceed $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association unless otherwise provided in the governing documents. A fine may be levied by the board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to reasonable attorney fees and costs from the nonprevailing party as determined by the court.
(a) An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.
(b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ notice to the parcel owner and, if applicable, any occupant, licensee, or invitee of the parcel owner, 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, the proposed fine or suspension may not be imposed. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the proposed fine or suspension levied by the board is approved by the committee, the fine payment is due 5 days after the date of the committee meeting at which the fine is approved. 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.
(3) If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection.
(4) An association may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or other monetary obligation due to the association that is more than 90 days delinquent. A voting interest or consent right allocated to a parcel or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the governing documents. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. The suspension ends upon full payment of all obligations currently due or overdue to the association.
(5) All suspensions imposed pursuant to subsection (3) or subsection (4) must be approved at a properly noticed board meeting. Upon approval, the association must notify the parcel owner and, if applicable, the parcel’s occupant, licensee, or invitee by mail or hand delivery.
(6) The suspensions permitted by paragraph (2)(a) and subsections (3) and (4) apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple parcels owned by a member.

George,

who knows. The laws are getting so complicated. As Shakespeare said: ''The first thing we do, let's kill all the lawyers.."

Shakespeare was kidding with that line. Nevertheless it's interesting to note that the Florida legislature, apart from one lawmaker's pet agenda item bill to benefit a huge HOA in his district, has nothing in committee or proposed to change anything about HOA and condo law in Florida this year. Such a deal.