Before the Grievance Committee

Hi Everyone,

Florida HOA: Our previous management company use to follow the below timeframe before scheduling the Grievance Committee meeting.

1. 30 Days to correct a violation
2 Second warning to correctio violation (additional 30 days)
3. after the second warning is ignored, 14 days to meet with the grievance committee
4. Fine Approved or Denied

Our By laws don't specify a timeline or timeframe of which is the correct process.

My Question is what is the correct "Timeline" for impose a fine on a violation?

Just want to make sure we follow the rules in Florida

Thank you in advance.

What does Florida Statute 720 (HOA statute) say about this issue?

Darn. Here was me thinking that "grievance committee" was a new name for "vocational dissidents" or "chief complaining officers" ...

I'll go back to my corner now ....

I just had to go to a four-hour board certification training to update my board certification because the new statute requires it.

This topic was covered and here is the step by step process. This reflects the recent changes. It changed last year so what you used to do is not relevant to what needs to be done now. If you have any question about this you really need to get the association attorney to lay out the schedule for you.

HOAs and Condos are slightly different.

Please note that at ANY time in the process, up to 30 days after the fine has been upheld by the grievance or fining committee, if the violation is CURED, there is no fine or suspension allowed.

Step 1 - board vote. Board votes on a violation.
There has to be a written complaint that has been sent to the owner, but there is no special notice requirement for the meeting where the vote is taking place, so only the 48 hour notice of the meeting is required.
The board sets the fine or suspension with number of days, $ per day, duration of suspension, etc. Check covenants and bylaws to see what documents allow (statue says $1000 fine per occurance unless your documents say otherwise. Ours say $5000 per occurance).

Step 2 - Notice and opportunity for hearing
Once the board has voted on a fine, the owner has to receive at least 14 days notice of the hearing at the fining/grievance committee and opportunity to be heard. This is mandatory. The notice must include a description of the violation, specific action to cure violation and the date, time and location of the hearing. It should be sent both regular and certified mail (and email). The hearing must be held withing 90 days of notice
Check bylaws for specific requirements.

Step 3 - Hearing
Must be held even if owner does not attend. Must have at least three members. Check bylaws for specifics. Members of committee cannot be board members or related to board members (cannot be officers, directors, employees of association, or spouse, parent, child, brother or sister of an officer, director or employee).
Evidence must be presented and owner has the right to challenge evidence. Must allow due process.
Committee can only vote yes or no on the fine/suspension. They cannot change the penalty voted on by the board at the intial hearing.
Within 7 days of the hearing, owner must receive written notice of the determination including findings of the violation, how to cure the violation, and date by which fine must be paid (at least 30 days after hearing).

After the hearing:
If cured before hearing, hearing must still be held but fine cannot be imposed.
If cured before fine is upheld at committee hearing (have to give owner at least 30 days after hearing) fine cannot be imposed.
If not cured by the time fine is imposed, reasonable attorney fees and costs can be added.

You can set a hearing before you hear back from the owner. Remember, you should have the hearing even if they have cured the issue- just for the record.

The 48 hour notice is for the board meeting. There is no requirement to tell the owner before the agenda is published, but I don’t know any association that doesn’t first send a friendly reminder of the issue and let them know their violation will be heard at the next meeting.

All the big HOA law firms give the board certification classes. And DBPR offers them online. There’s a deadline for new board members to finish it so they need to get on it. Existing board members have to take it again if it’s been 4 years.

Finally, there is a new requirement that all board members must do 4 hours per year of continuing education. The DBPR rep was at my training and said that there currently aren’t any approved courses yet. They don’t think the board certification is going to count toward the continuing education.