Florida CCR enforcement

Started by JayM15 • 5 replies • 178 views

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JayM15 (Florida)
Posts: 3

Posted:

FLORIDA - It is my understanding that CCR violations are to be addressed by 3 violation letters. Then violator goes to fining committee. Then mediation.

I have 2 neighbors that have clearly violated different restrictions. However, the HOA has skipped the fining process and has involved the association
attorney. As I read FLA Statute 720, I see the provision for fining. Is it a legal requirement for a violator to have this hearing before going to fining?

The developer has control of the HOA at this time.

MichaelS56 (Minnesota)
Posts: 859

Posted:

All across the country, when a developer still runs the HOA, they tend to make decisions that will benefit them. I hope that the developer does not pass the cost of the attorney onto the HOA owners. I would assume that there is a process that would be found in your governing documents that lays out the process that is supposed to be followed. Good question.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Do not assume. Read your documents. If you are developer controlled and owned it is their rules. Now a days having a lawyer and notice is normal.

They are in violation. If they fix it then no more worry about lawyers or fines.

Former HOA President

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JayM15 on 05/06/2024 8:46 PM
As I read FLA Statute 720, I see the provision for fining. Is it a legal requirement for a violator to have this hearing before going to fining?

The developer has control of the HOA at this time.

I read the FS 720 section you are referencing. Why would you think the board does not have to provide a hearing (before three non-directors et cetera) before "imposing" a fine?

If the violation is serious and involves safety of property or life, then I can see a board bringing on the attorney sooner rather than later. But by my reading, the board still has to provide a hearing before "imposing" any fine.

I see nothing in FS 720 that changes the above just because the developer is in control.

LoriM15 (Florida)
Posts: 1,009

Posted:

ElleN is correct. If the declaration has been recorded then FS 720 rules should be in effect. Read your declaration and find out what it says the procedures are for the violations. Remember that in some communities, the Rules and Regulations and the Architectural documents can be changed and updated with a board vote and not a member vote.

It could be that the violations are serious enough (land encroachment or wetlands violations, etc.) that the board went straight to an attorney for a cease and desist letter. That doesn't involve fines. If the owners were given fines, they would have had to have been noticed of about the hearing, have a board hearing held, board votes on fine, fine goes to fining committee (noticed again) and then fine implemented as per FS 720.

I think there's a lot we don't know here.

DouglasK1 (Florida)
Posts: 2,046

Posted:

The real problem is that if the developer controlled association is not following the law, they will most likely get away with it unless someone sues to enforce compliance.

Escaped former treasurer and director of a self managed association.

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