Fining / violation list

Started by MarkT14 • 14 replies • 183 views

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MarkT14 (Florida)
Posts: 6

Posted:

I’m the Chair of our Compliance- Fining Committee. In the past, the old Committees kept the Violation- fining list private. Using a numbered list to keep track of violations. This keeping the owner and addresses private.
I want to publish the list of violators to our Community App, TownSquare. Can I legally do this? I want to be transparent as to who is getting violations.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I bet if you contacted an attorney, they would tell you not to do it.

There is a right to privacy.
If something on the list is wrong (even by a simple mistake), you could open the Association up to legal action.

Regardless of what you find on the internet or in various forums, I would strongly recommend you get a legal opinion from your Association attorney prior to doing that.

MarkT14 (Florida)
Posts: 6

Posted:

I’ve had that question into them for a week….. I was thinking the same thing. However, would love to post so everyone could see it.

These are thankless jobs for sure..

NA1 (Massachusetts)
Posts: 190

Posted:

What value are you trying to get from doing this?

LoriM15 (Florida)
Posts: 1,009

Posted:

Our Florida HOA attorney says that violations are not private information. In order to bring someone before the fining/compliance committee, you must have the board hear the violation and vote on a fine at an open, posted board meeting and the address for the violation needs to be on the agenda. So that is not private information, it's part of the official records of the association.

Further, you must post an agenda for the fining/compliance committee meeting, so that also is not private information.

You are not going to get in trouble for posting names, addresses or the results of the fining in your newsletter. However, you are also going to lose some respect in the community. If you want to bring violations or the rules they violated to the attention of the other owners, how about writing an article and say something like "an owner in our community was recently fined for X violation. Please remember you need to follow the rules".

MarkT14 (Florida)
Posts: 6

Posted:

Thanks for the insight. Some people you can’t reach. Some just want to defy, some want to test, the rest obey the rules.
It’s bad, when three of the rule breakers are 2 board members, and one that ran/ lost their bid to be elected to the board.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By LoriM15 on 03/11/2025 5:11 PM
Our Florida HOA attorney says that violations are not private information. In order to bring someone before the fining/compliance committee, you must have the board hear the violation and vote on a fine at an open, posted board meeting and the address for the violation needs to be on the agenda. So that is not private information, it's part of the official records of the association.

Further, you must post an agenda for the fining/compliance committee meeting, so that also is not private information.

You are not going to get in trouble for posting names, addresses or the results of the fining in your newsletter. However, you are also going to lose some respect in the community. If you want to bring violations or the rules they violated to the attention of the other owners, how about writing an article and say something like "an owner in our community was recently fined for X violation. Please remember you need to follow the rules".

Who fines the fining committee?

MarkT14 (Florida)
Posts: 6

Posted:

??? For violating……?

MichaelS56 (Minnesota)
Posts: 858

Posted:

Why does this committee have the power to do that when they are not elected unlike the Board. You should only be able to make recommendations to the Board who then follows the process written in the governing documents.

MarkT14 (Florida)
Posts: 6

Posted:

Because Florida gives the HOA Board, the option to appoint a Fining Committee. However, you have to see and understand the process. It’s so convoluted and long…… fines can take up to 90 days to process.

You could convict a murderer faster.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By MarkT14 on 03/11/2025 10:46 AM
I’m the Chair of our Compliance- Fining Committee. In the past, the old Committees kept the Violation- fining list private. Using a numbered list to keep track of violations. This keeping the owner and addresses private.
I want to publish the list of violators to our Community App, TownSquare. Can I legally do this? I want to be transparent as to who is getting violations.

Shame on you.

KerryL1 (California)
Posts: 14,550

Posted:

"Transparency," imo, does not mean "tattle tale," "snitch", etc. How does this so-called transparency benefit your community???

Lori provides a lot of details that show that anyone who just "has to know who is being fined and why" is revealed before & at open meetings, etc. It sounds like th Committee is proceding improperly.

LoriM15 (Florida)
Posts: 1,009

Posted:

Quote:

Posted By MarkT14 on 03/11/2025 5:21 PM
Thanks for the insight. Some people you can’t reach. Some just want to defy, some want to test, the rest obey the rules.
It’s bad, when three of the rule breakers are 2 board members, and one that ran/ lost their bid to be elected to the board.

Just a reminder that if your fining committee is doing anything besides voting yes or no on the fine that the board voted to assess, then you are violating the statute. The fining/compliance committee cannot levy fines - it can only vote yes or no to go forward. And then you still have to give the owner 90 days to come into compliance before the fine can be put on their account.

ElleN (Idaho)
Posts: 1,334

Posted:

No way do mere amateurs on an HOA committee understand the legal implications of defamation well enough to justify publishing the names of those who are behind on their assessments.

At a minimum, you all should consider how HOA insurers are looking for any excuse to drop clients. If this HOA causes an owner to threaten legal action, then the insurer must be informed. Instantly this raises the chance of an increase in premiums or worse.

JackieB4 (California)
Posts: 398

Posted:

ElleN- Well said.

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