multiple violator fining

I don't see where following the rule some weeks would reset the warning counter. If your policy is to fine after 2 warnings are sent, then week 6 should incur a fine.

This is what I suspected and I will encourage the board to adopt a formal fining schedule

That said, does it matter how much time there is between violations?

That is something you have to establish in the fining schedule. The fallacy of HOA fining is it lacks definition. Just saying "We can fine" doesn't provide much more than that. A fining schedule which has to be passed to ALL membership, put in the definition of time/amount/what.

Our HOA we had the right to fine but no fining schedule. Instead what we did is if you violated the rules, we could hire someone to fix the violation and send owner the bill. If they refused to pay that bill, then we can lien them for it. You can't foreclose for it just lien.

Example: We notify them to paint their home. If they refused, we would paint the house and send them a bill. They had no choice in contractor nor price. So either they painted it on their dime or ours. If it is ours, we aren't necessarily going to find the "cheapest" contractor. Plus if you refuse to pay up, we lien. Which doesn't let you sell your home till paid up. This is an extreme example but this is how it would work in our HOA. That is because we owned the property around the homes so it wasn't trespassing...

I know many people bring up that issue. It just that in our HOA it was established with every owner that moved in how it was set up. So they knew that the HOA owned the property around their homes. Plus it was in the restrictions on what we could do.

So no this isn't for every HOA or situation. However, that was our option instead of fining. Plus it wasn't as extreme as house painting. (Ex-President con-job) It would be more for the smaller violations like trash pick up. We had dumpster so no trash cans left out. It may be repairing a dangerous fence or other situation. So it's not like we are going on people's property and fixing things. We didn't have the budget for it to hire anyone anyways.

I agree but the problem in many believe step foot on my property and I will shoot your a$$. Had a situation here in SC where a Father and Son opened fire on/killed some city???? workers lawfully sent on the property.

So exactly how are you going to get the trash cans either in the locked backyard or locked garage?

I am not encouraging anyone. I am pointing out an option that is available outside of fining. It's not perfect but it is an option. BTW: We don't have trash cans.

Hi,

You can start fining for week 4 and 6. Just make it clear why the fine is being issued, and cite the rule that has been broken. Include the date that this warning was sent as well. Make sure to include a due date for the issue to be resolved an for the fine(s) to be paid.

Before any warning letters, why not talk with and listen to the person, who is leaving the garbage can out.

Then an email with a cc; to the Board explaining the concern and note the rule violation.

Then a curtesy letter from the President or from the Property management company.

Then begin the fines. Everything is documented. Do not start the process over with the same person if they periodically leave their garbage can out.

How long are these garbage cans rolling around the street in front of someone’s house? I

I’d say after 24 hours hire a handyman to go around and pick up all the trash cans that have been left out in the street. Maybe that will get the violators attention.

In order to fine, there must be a hearing committee composed of members not on the Board so that the hearing is objective. Per Florida statutes, you must receive at least two letters with notice of hearing prior to being sent to hearing. First notice will give time to cure, typically on most violations that take time to implement such as pressure washing roof, driveway or sidewalk. Overnight parking can be brought into compliance immediately as can submitting an ARC for approval on an exterior change that was not approved but there it gets sticky, i.e. paint, roofs, exterior additions that take time to cure. There should be a fine schedule & it should be written up by the Association attorney for legal purposes. $100 fine every two weeks until reaches $1,000.00 is typical but once that fine goes over $1,000.00 in an HOA, yes, you can lien. If you sell with fines on your ledger, you will pay them prior to sale/closing. New buyer will not want to be stuck with your non-compliance. Selective enforcement creates liability for the Board. Fines would be a dead horse if people would read their use restrictions. Many do not belong in an HOA because they are rules followers and will then complain when they get fined and go to hearing.

Let's parse the Florida statute provisions a bit.

The Board levies the fine, then 14 days notice to the offender, then an independent committee meets to approve or not approve (confirm or reject) the fine. If approved, the fine is payable within 5 days of the committee meeting. The HOA must provide written notice of the fine. I don't see any mention of two letters. The below is excerpted from FS720.

"(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."

To the point of liening - FS720 is a bit fuzzier. Our attorney was very clear that fines are against people (owners) and as such cannot serve as the basis for a lien. Further, that the fine can serve as the basis for action via lawsuit, but the property cannot be liened until a finding in law occurs via a suit. I have delved no further into this, but my broad understanding is: the fining process is without teeth, until the fine is converted to the basis for court action. Would find more info on this, especially precedence via court case to be very helpful.

"(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."

I also don't know if a fine is required to be cured at closing - it may be done, but I would be concerned about holding up a closing as an HOA - UNLESS, the above rationale is inaccurate.