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ArtB1 (Florida)
Posts: 97
Posted:
This question just popped into my head as a point of curiosity.

Our board is set to discuss a number of fines in an open board meeting.

A fining committee then does the final process do plenty of due process

My question is should these fines be handled in an open board meeting? Isn't there some privacy concerns for the homeowners?

Am I over thinking things?

Thanks

MichaelT21 (Arkansas)
Posts: 501
Posted:
We make all compliance discussion in closed session (executive session). Per our attorneys, we make the motion as to what to do in open session but obscure the name of the homeowner by referring to the account number rather than homeowner name or address.
AugustinD
Posts: 3,698
Posted:
From an earlier thread by ArtB1, this is a 130 SFH HOA.

ArtB1, from FS 720.305 (2) (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 notice of the approved fine is provided to the parcel owner and, if applicable, to any occupant, licensee, or invitee of the parcel owner. 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 occupant, licensee, or invitee of the parcel owner.


By my reading the statute does not require the hearing to be open to all owners. I advise closing such hearings to owners (with the exception of the accused owner, and with witnesses allowed in the hearing while testifying).

I advise searching the web for a good set of rules and regulations regarding the violation process and hearings for those accused.

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