Florida HOA Fining Committee / Hearing

In Nov of 2020 SmartS posted a question - Florida HOA Fining Committee Hearing rules? The post ended without with the results of the hearing.

SheliaH (Indiana) answered and suggested that I start a new post since the original was very old. Thanks

I been having similar problems with our small self-directed Palm Beach County,, FL. HOA and how the whole fining process is proceeding.

I am being denied access to Board documents. The fine letter I received did not contain any backup info. Only on this date this happened. After asking for various documents, the Board came back and said what I was asking to view was confidential and I could not view anything.

I asked to view, Email/photo/video that I feel are covered under the catch-all section, 720.303(4)(n). All of which are stored on a HOA laptop! Official records! I asked the Board to recheck with the attorney. They refused and told me to get my own attorney.

I have not had a hearing yet so I don't even know what material the committee has been given. It appears that the Board has appointed a chairman. Would think that would be a function of the committee itself. 720 and our CC&R don't mention the appointment of a chairman. One of the committee members has a conflict of interest and sometime after I point this out in an email an alternate was appointed. At the Board meeting in which they were talking about the committee I had to ask who was on it? The VP said he had been appointed Board liaison and wanted to know who the 3 people were too. That was the 1st time Board liaison was mentioned. Guess they made that decision in the "dark".

I feel that I am at a disadvantage. I think I have enough info for a hearing but I can't be sure.

I can’t comment on the violation or the evidence but our bylaws allow the fining process just like you describe. The board appoints a fining committee. There are specific rules - can’t be board members or relatives. But homeowners have no say in who gets appointed. And the liaison may be there just to convey the board’s opinions on the violation. You need to look at your documents to see what the process is and if they are following it. Without knowing more details that’s all I can advise.

If I were on your board, I wouldn’t have an issue showing you what the board considered in making its decision DURING THE HEARING. In fact, I would hope you received some information when the first notice showed up. You don't say if this is the very first appeal or something following an earlier one when you were told to correct the problem and didn't. If it's the latter, why didn't you fix it? If you had a legitimate reason, such as needing time to find a contractor, why didn't you notify the board and give them a date when it would be corrected or let them know if you wouldn't meet the deadline and why?

You're the one with the violation so you should already have documentation of what you did (or not) that can counter whatever the board presents, including witnesses, if necessary. If fines are being levied, that could mean you ignored the violation letter - which doesn't help your credibility. For example, if the violation concerns an unauthorized exterior change, where's the copy of your application and a formal letter from the board approving the project (emails from the president really don't count, especially if he/she didn't indicate the board met to discuss it). If you proceeded anyway, the board may be within its rights to tell you to tear the thing down and if you refused to respond after getting a letter warning of fines, that doesn't help you either.

At this point, you'll have to prepare your argument as best you can and address the board's information as it arises - it's ok to ask where they got it. To keep things fair, I would hope some of the reviewers don’t have a relationship with you or the board. If you lose and wasn't shown anything, your next step would be to contact a private attorney and discuss your options. If this goes to court, there is the discovery process where both sides would have to show what they have and then the judge will decide who has the better argument.

This leads me to my final point – if you know you're in the wrong, you may as well admit it and try to find a compromise. You may even get it because I would hope the board doesn’t want to deal with hearings, attorneys’ fees, and all that stuff. Sometimes, you have to take your lumps and learn from them. Good luck!

Thanks for your answers. Let me try to explain some of the situation. First you probably should know we are small self-governed Florida HOA. This “new progressive” board (president’s words) is on the war path (my words).

For the April 25 Board meeting they posted an agenda. Under President remarks was a) R&R b) safety/security. Under new business no mention of new rules. It is my understanding that in order to put new rules into effect the Board has to inform homeowners 14 days in advance that in the Board meeting new ones will be discussed. The agenda was posted 48hrs in advance. This satisfies a general board meeting but not new rules when it comes to calling a meeting.

At this meeting we were told that letters would be mail to all 70 violators. Wide range of violations some new rule some old. No owners were mentioned by name or lot#. We heard from the president that a list (not documents) was distributed to board members and since there was no objection the board was moving forward. Toward the end of the board members, out of the blue our VP says since I am the liaison for the committee who are the members. To which the Pres said I’ll send you the names. First we heard there was a liaison!!! In my 3 mins. I asked for the names and they were given.

In my case of the 70 letters, I have 2. Both dated May 1st - Mailed May 2nd - Received May 4th. The letter says you have 14 days from the date of the letter to contact the committee chair (gives email address). The chair was never announced at the meeting. Based on the dating of the letters our time is cut down to 10 days!

One letter goes back to something that illegibly happen during the 2021 board not the 2022. The other letter has a violation and says it happen 3 times 22, 69 & 99 days ago. In my eyes the violation is a neighbor to neighbor issue not a board issue. Neither letter has any kind of backup information or instruction on how to get same. I have been told by an on-line attorney, that if it ever went to court the letters would be reject because of the “mailbox rule”.

By the way our docs say 15 days not 14 which is the minimum amount of time in statute 720. It also says as does 720 the committee should have a signed complaint letter. Not mentioned at the meeting. I wrote an email to the board saying that I wanted to view info from date 1 to date 2. Got an email from the board saying denied since what I asked for is confidential. Doesn’t fly since all the correspondence is stored in Office365 which resides on the HOA laptop as official records. Statute 720.303 (4)(n) has a catchall phrase that would allow in my opinion email, hard copies, video, photos. Statute 718 - a mediator agreed, which could be in my favor. The board emailed me that I should get a lawyer if I disagree. (not quite ready for $300-$500/hr and $100,000 plus in costs).

I am still waiting for a hearing date from the committee. But that’s a problem too. The committee does not set the date but the board does and invites the violators to attend to state their case according to 720. Oh well I just want to be heard. I think I have gathered enough material to get the fines rejected. I figure my hearing will take at least an hour. They will not like that. I feel like I’m a researcher for an attorney.

DonS20, is this a condominium? Or is it a non-condo HOA?

FS 718 applies to Florida condos. For full text of the latter, see the following:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html

FS 720 applies to non-condo Florida HOAs. For full text of the latter, see the following: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

We are an HOA.

The only reason I mentioned 718 is that if you read 720 it mentions 718 any number of times as references. Believe me, I have referenced 720 a lot. Matter of fact what I did was save 720, Our docs & R&R in on big searchable pdf. That way I can see all the references to any word search. But thanks anyway. As I'm sure you know the HOA homeowner is in a difficult position most of the time. I served on my Board for 6 years and volunteered for more than that. We are a small HOA. We are not a number, everyone knows your name or car or dog or if you are a walker or a runner.

Anyway, I hope the enforcement committee will listen because one of them could be the next up for a hearing....

I see where FS 718 says the above (regarding the 14-days notice for board meetings where the board will consider amendments to rules).

I do not see where FS 720 says the above.

Can you cite the section of FS 720 that says what you claim about the 14 days notice?