Florida HOA Fines

Started by RC4 • 5 replies • 954 views

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RC4 (Florida)
Posts: 5

Posted:

IN Florida can an HOA Board establish a preset fine amount for specific violations so homeowners will know in advance what to expect?
AND
Does each and every uncorrected violation have to be voted on by the entire board at an "in person" meeting or can a "Violations Committee" made up of board members act with board approval if a "fine schedule" is already established?

The homeowner would still receive ample time to correct or dispute the violation (First Notice)
Then the homeowner would be given an additional 14 days (minimum) before imposition of the fine and be given the option to appeal the fine to a "Fine Appeals" committee (comprised of non-board members) if they choose to do so.

I am asking because it is my understanding that Florida law does not permit a board to vote by email and having to vote on each and every violation can be a very time consuming process which prolongs and delays enforcement of deed restrictions.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By RC4 on 05/28/2020 12:04 PM
IN Florida can an HOA Board establish a preset fine amount for specific violations so homeowners will know in advance what to expect?

That's the reason behind having a published "Fining Schedule" to list violations and the fine for each so that people will know in advance what to expect.

FS 720 deals with how fines are done in Florida. The board levies a fine. A "Fining Committee" has a meeting and invites the person who is the subject of the fine to attend and explain why they think the fine is unwarranted. You could think of it as an "appeal", but technically that's not what it is. If the Fining Committee votes to uphold the fine then the fine is imposed. If the committee votes to not uphold the fine, then no fine cam be imposed. The entire purpose of the committee is to give a thumbs-up or a thumbs-down on the fine. There's no appeal from that except the court system.

The entire process, which must be complied with, can be found in FS 720.305.

RC4 (Florida)
Posts: 5

Posted:

Thanks Geno, I don’t know what your background is but I appreciate the information. I have read F.S. 720 but still need to fine tune some things. If a homeowner is notified a fine will be imposed but chooses to not appeal that fine, it sounds as if the fine appeals committee doesn’t have to weigh in at all.
That’s what I get from reading it. Am I mistaken?

GenoS (Florida)
Posts: 4,276

Posted:

I think if the owner doesn't attend the meeting/hearing then the committee may just vote to approve the fine after a quick review of the situation. According to FS 720.305(2)(b) the committee must approve the fine or suspension by majority vote or else it may not be imposed, whether or not the person to be fined shows up or not.

I'm not an attorney. I'm just someone who has become very familiar with the Florida HOA statute over the last 6 years.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Our attorney says:
- published fine schedule
- process to get to the fining phase
- Board vote to levy fine
- Fines Committee (Independent) approves or denies ... and this is done whether or not the offending owner requests or attends
- Board imposes the fine

So, to me, this is a three part process after the process of violation gets it to the Board.

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