Establishing a Fining Committee

Started by JimH29 • 6 replies • 370 views

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

⚡ Takes 30 seconds

Already a member? Log in

JimH29 (Florida)
Posts: 63

Posted:

Our community is planning a "fining committee.

This is little direction to establishing a policy defining what is required.

What are your thoughts on how to ensure a well run, well defined fining committee for our community?

We are a 56 unit single family community with rental units in the great state of Florida.

Thanks in advance>>>

AugustinD
Posts: 3,698

Posted:

What's the Board's mission for this committee?

You do realize that the Board enforces the covenants; through the manager issues warnings and then violation notices; offers a hearing to the accused; and so on, right?

In my opinion, this is not something a committee should work on. It's better if the HOA attorney comes up with a section that will go in the HOA's Rules and Regulations that describes how violations of the CCRs, Bylaws and Rules and Regs will be handled.

LisaB21 (Texas)
Posts: 97

Posted:

is fining for deed restriction violations allowed by your CCR's or By Laws? If not, then you an not fine.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Do you have a "fining schedule"? That means a defined list of what is a violation and the cost of each violation? Plus it has to be distributed to ALL members so they all know what those are?

Does your HOA allow for fines? It also should be noted that many states do not allow for fines to be used for liens/foreclosures. You may lien with some fancy accounting but not foreclose based on fines alone. It has to be for unpaid dues.

So READ your documents to find out what powers this committee would really have.

Former HOA President

AdamL1 (UnitedStates)
Posts: 559

Posted:

Quote:

Posted By JimH29 on 02/16/2022 2:35 PM
Our community is planning a "fining committee.

This is little direction to establishing a policy defining what is required.

What are your thoughts on how to ensure a well run, well defined fining committee for our community?

We are a 56 unit single family community with rental units in the great state of Florida.

Thanks in advance>>>

You need to verify in your governing documents if you have the authority to issue fines. If not, then no fines allowed.

AugustinD
Posts: 3,698

Posted:

In Florida the authority to fine comes from statutes. E. g. from FS 720.305 (2):

An association may levy reasonable fines.

MichaelS56 (Minnesota)
Posts: 858

Posted:

Why are you doing this, it is the job of the elected officials to determine fines. You are asking non-elected residents to determine fines.

🎯 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