Florida 14-day notice on fines

Started by RC4 • 10 replies • 1246 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

RC4 (Florida)
Posts: 5

Posted:

After reading F.S. 720, specifically regarding the 14 day notice requirement on fines, I am unclear as to when that 14 day clock begins ticking. When we send a formal violation notice we give a due date for the violation to be corrected. Does the 14 day clock begin on that due date, or when the violation notice is sent, or at some other point?
We have never found it necessary to actually impose a fine on a property owner, but now have some issues with a few owners ignoring deed restrictions and reminders/warnings.
I am hoping to receive responses from people with knowledge/experience in Florida.... THANKS!

SheliaH (Indiana)
Posts: 6,964

Posted:

Maybe this article will help - https://www.theledger.com/news/20180601/enforcing-community-association-rules-by-imposing-fines. If not, talk to the association attorney (you should already be doing that to ensure your policy complies with state law).

That said, I think it's best to count from the letter date because you really don't know for certain when the homeowner will read it. It might show up the next day, but what if the homeowner's out of town. So, if a letter was mailed today (March 11), the 14 days would be up on March 25 if you're including weekend days, otherwise March 31. Personally, I'd toss Sunday because there's no mail delivery that day.

You'll also have to factor in an extra day if the due date lands on a holiday where there is no mail, such as Memorial Day. P

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

GeorgeS21 (Florida)
Posts: 3,808

Posted:

RC4,

My FS 720 POA has begun fining.

After the Board levies the fine, our property manager confirms the minutes are accurate wrt the fines, then starts processing the letters. Once mailed we allow 3 days for delivery, then add 14 days to that, then schedule after that date for the Fines Committee meeting for that cycle of fines.

We were advised by our experienced HOA attorney to have the Fines Committee meet regardless of whether anyone protested and asked to meet the committee. The fines committee votes to approve or disapprove of all fines.

The Board then imposes the fine at the next Board meeting.

GenoS (Florida)
Posts: 4,276

Posted:

Thank you, George! You saved me a lot of typing. I think that's the way to do it.

PaulM31 (Florida)
Posts: 6

Posted:

The Statute says a fine cannot be imposed unless 14 days are first provided to the resident. As I interpret this, individuals must be given 14 days to cure a violation. Our HOA has a stop sign violation. The violation is immediately cured after the resident runs the stop sign. How do we fine the individual? An individuals posts a sign in their window. They can keep the sign up for 13 days and not receive a fine. They remove the sign and the Propwerty Manager confirms it was removed and then then put the sign right back. How can we control and issue fines in these cases?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Paul

In our association if the violation occurs again, no matter when, we consider it a continuation of the original violation so fines are doubled. That is how we would handle the window sign issue also the Stop Sign issues.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

We refer to it as a "Duration Period."

This prevent folks from gaming the system.

Maintaining tight track is most important single thing - make sure your audit trail is absolutely clear, accurate and per FS720.

I usually recommend adding a couple of days her and there to show the future judge you were trying hard to give owner ample time to respond.

PaulM31 (Florida)
Posts: 6

Posted:

How does a duration period or repeat violation comply with Section 720? The Statute refers to each violation not a continuing violation. Is there any ruling or case law to support this

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here