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DanielleG4 (Florida)
Posts: 131
Posted:


The upstairs neighbor (tenant) was sent a hearing notice with board due to violating noise ordinance. It’s not confirmed if they’ll fine her, that’s for them to decide at hearing. I think because it’s a fine based on one occurrence it’s only $100. Assuming they actually fine & pass it down to the owner/her landlord, what difference would it actually make? Personally I’d be irritated to pay $100 for something as trivial as noise but at the same time it isn’t much money at all. Is it likely the owner may even waive the fee? If they don’t fine it’d be silly but the Mgr that runs office on site doesn’t think I should attend because it might get the tenant rallied up (that’s if she even attends).
KerryL1 (California)
Posts: 14,550
Posted:
The owner gets fined as explained to you numerous times. It matters if your documents and fining schedule permit the HOA to double the fine for each authenticated occurrence. The doubling can add up really fast.

I have never heard of an HOA that permits the complainer to attend the hearing accusing an Owner of a violation. The HOA has evidence or it wouldn't call the owner to a hearing.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Again stop poking the bear. You need to just move or find a place on a 2nd floor...

Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By DanielleG4 on 03/22/2022 6:24 PM

The upstairs neighbor (tenant) was sent a hearing notice with board due to violating noise ordinance. It’s not confirmed if they’ll fine her, that’s for them to decide at hearing. I think because it’s a fine based on one occurrence it’s only $100. Assuming they actually fine & pass it down to the owner/her landlord, what difference would it actually make? Personally I’d be irritated to pay $100 for something as trivial as noise but at the same time it isn’t much money at all. Is it likely the owner may even waive the fee? If they don’t fine it’d be silly but the Mgr that runs office on site doesn’t think I should attend because it might get the tenant rallied up (that’s if she even attends).

-- The Florida Condo statute limits the fine to $100 as follows:

The association may levy reasonable fines for the failure of the owner of the unit or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may not become a lien against a unit. A fine may be levied by the board on the basis of each day of a continuing violation, with a single notice and opportunity for hearing before a committee as provided in paragraph (b). However, the fine may not exceed $100 per violation, or $1,000 in the aggregate.


-- The statute is what is is. I think speculating on whether this fine will deter is not a good use of time.

-- Whether you are allowed (to or should) attend depends on what your governing documents say.
MarshallT (New York)
Posts: 414
Posted:
If you're not there to present a case, I wouldn't attend the hearing. As for the fine, $100 may not be a ton of money, but it's not nothing. If the fine schedule also makes it so fines are doubled for second and third offences, the fees add up fast. This would likely put a stop to excessive noise.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Dannielle

Most fines can be cumulative for the same offense. $100 for 1st offence. $200 for second offense. $400 for third offense maxing out at $1,000 but can be $1,000 for repeated offenses.

That said, noise complaints are going to be hard to prove.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would not count on fines making any kind of change. Especially if the owner agrees with their tenant. They may not care what their tenant is doing or can't do a thing about it.

It sucks but it is a neighbor versus neighbor thing. Be surprised the HOA wants to be involved at all.

Former HOA President
DanielleG4 (Florida)
Posts: 131
Posted:
The landlord doesn’t care about me but I don’t get why he’d be alright with being fined either
DanielleG4 (Florida)
Posts: 131
Posted:
Even with police reports/security backing it up?
KerryL1 (California)
Posts: 14,550
Posted:
It's not surprising, Melissa. apparently, Daniela's condo has noise nuisance sections in their CC&Rs and probably in their rules too. Our condo HOA certainly does in both places has called to hearing and fined such violators.

The doubling of an $100 fine to the Owner did encourage a set of renters to move. Their owner was VERY unhappy.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yes, but do we know what that noise level is? Is it at a decibel range that is considered a noise violation? Daniel is trying to make the situation fit noise violation. That way can get the HOA to do something. If that didn't happen, she'd have nothing to hang her hat on.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By DanielleG4 on 03/24/2022 3:35 PM
Even with police reports/security backing it up?

It might well come down to db (noise) range being teste. I assume neither police nor security did this. All they did was record your complaint.

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