HOA Fining SFH - Florida

ArtB1 (Florida)
Posts: 97

Posted:

So here is my question. I sit on both the ARC and Fining Committee.

We have a homeowner that consistently violated parking rules by blocking sidewalks, parking facing the wrong way. parking on the street overnight. In other words, if there is a rule they have broken it.

So they got a courtesy notice, then a formal notice, then the Board motioned to fine.

A fining Committee hearing was held and the homeowner never showed.

So the fining Committee upheld the fine and the Property Manager fined several hundred $ for the violations after the board meeting.

They were given 30 days to pay.

So now they are being good and not violating.

Our CAM says that since they fixed the issue before the fine was due, they do not have to pay it.

Is that the way you understand Florida laws?

I think they should still have to pay.

TIA

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By ArtB1 on 03/24/2025 3:17 PM
So here is my question. I sit on both the ARC and Fining Committee.

We have a homeowner that consistently violated parking rules by blocking sidewalks, parking facing the wrong way. parking on the street overnight. In other words, if there is a rule they have broken it.

So they got a courtesy notice, then a formal notice, then the Board motioned to fine.

A fining Committee hearing was held and the homeowner never showed.

So the fining Committee upheld the fine and the Property Manager fined several hundred $ for the violations after the board meeting.

They were given 30 days to pay.

So now they are being good and not violating.

Our CAM says that since they fixed the issue before the fine was due, they do not have to pay it.

Is that the way you understand Florida laws?

After reviewing FS 720, I believe the CAM is wrong as far as what the statute requires. In other words, under these circumstances the statute allows the HOA to fine this owner.

The question then becomes: Does the board have the legal, discretionary right to suspend the fine? I believe it does. If I were on this board, would I vote to suspend the fine? Not yet. I would ask the manager to ask the owner to explain why he was a no-show at the hearing and ignored the notices. If per chance there is a good excuse, I might then vote to suspend the fine.

MarshallT (New York)
Posts: 414

Posted:

Here is what HB 1203 says: If a violation has been cured before the hearing or in the manner specified in the written notice required in paragraph (b) or paragraph (d), a fine or suspension may not be imposed.

If a violation is not cured and the proposed fine or suspension levied by the board is approved by the committee by a majority vote, the committee must set a date by which the fine must be paid, which date must be at least 30 days after delivery of the written notice required in paragraph (d).

So I don't believe the CAM is correct. They would have needed to stop the behavior before the hearing, not before payment is due.

ArtB1 (Florida)
Posts: 97

Posted:

I will get with our board and see how they want to proceed

Thanks

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By MarshallT on 03/25/2025 6:55 AM
Here is what HB 1203 says:

MarshallT, what is "HB 1203"?

I know what it is. But after this exchange, I want to see if you understand the difference between a legislative bill and a statute is. Especially a legislative bill that had (sic) several versions.

Forgive my pedantry, somehow. You almost nailed this.

LoriM15 (Florida)
Posts: 1,009

Posted:

It's a tricky issue. They do have 30 days to cure the violation, after the fine is upheld by the fining committee, but before the fine is allowed to go on their account. However, an ongoing behavior like this isn't the same as changing the paint color on your home.

In the end - they changed their behavior. They are not doing it anymore, and that's really what you want.

I would agree with the CAM and let it go, with a warning that if the behavior happens again you will not hesitate to fine them again and will not let them off.

The statute says you don't even need to send a warning letter. You can just send them a violation notice and have it heard at the next board meeting. In a case like yours, that's what I would do. Then there's a 14 day notice period before the fining committee and that would be the only delay. You could fine them again pretty quickly if you need to.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By ArtB1 on 03/24/2025 3:17 PM
So here is my question. I sit on both the ARC and Fining Committee.

We have a homeowner that consistently violated parking rules by blocking sidewalks, parking facing the wrong way. parking on the street overnight. In other words, if there is a rule they have broken it.

So they got a courtesy notice, then a formal notice, then the Board motioned to fine.

A fining Committee hearing was held and the homeowner never showed.

So the fining Committee upheld the fine and the Property Manager fined several hundred $ for the violations after the board meeting.

They were given 30 days to pay.

So now they are being good and not violating.

Our CAM says that since they fixed the issue before the fine was due, they do not have to pay it.

Is that the way you understand Florida laws?

I think they should still have to pay.

TIA

First, good job for the fining committee for doing their duty to fine this owner. Your duty is now complete and it now your board’s duty to see the fine is collected. If they don’t, you need to explain to the board the fining committee job is not to be the bad cop so the board or the CAM can later excuse the fine.

RobertB31 (Florida)
Posts: 15

Posted:

In Florida the violation must be cured before the Fining Committee upholds the fine. That means if they cure the day of or before the committee meets then you can't fine. Afterwards the fine stands

LoriM15 (Florida)
Posts: 1,009

Posted:

Quote:

Posted By RobertB31 on 03/26/2025 2:07 AM
In Florida the violation must be cured before the Fining Committee upholds the fine. That means if they cure the day of or before the committee meets then you can't fine. Afterwards the fine stands

That's not quite true. You can't fine if they cure the violation before the fining committee. However, they still have a chance to cure the violation even after the fine has been approved. You can't actually levy the fine (put it on their account for payment) until 30 days after the fine has been approved, and if they cure during those 30 days you cannot enforce the fine.

This was a change made last year to the statutes that was supposed to address the issue of HOAs and COAs abusing their authority to fine owners. However, it gutted the ability of the HOAs and COAs to enforce their rules. An owner can play the game that they cure the issue on the very last day and then the process has to start all over again.

TamaraG7 (Florida)
Posts: 35

Posted:

Quote:

Posted By LoriM15 on 03/26/2025 7:16 AM

Posted By RobertB31 on 03/26/2025 2:07 AM
In Florida the violation must be cured before the Fining Committee upholds the fine. That means if they cure the day of or before the committee meets then you can't fine. Afterwards the fine stands

That's not quite true. You can't fine if they cure the violation before the fining committee. However, they still have a chance to cure the violation even after the fine has been approved. You can't actually levy the fine (put it on their account for payment) until 30 days after the fine has been approved, and if they cure during those 30 days you cannot enforce the fine.

This was a change made last year to the statutes that was supposed to address the issue of HOAs and COAs abusing their authority to fine owners. However, it gutted the ability of the HOAs and COAs to enforce their rules. An owner can play the game that they cure the issue on the very last day and then the process has to start all over again.

As long as the violation is cured before the fine committee meeting takes place, then the violation is cured. End of story.
If the owner plays the "receive violations resulting in a fine meeting game, then the board has the option to send to the association attorney to mitigate this process.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By LoriM15 on 03/26/2025 7:16 AM

Posted By RobertB31 on 03/26/2025 2:07 AM
In Florida the violation must be cured before the Fining Committee upholds the fine. That means if they cure the day of or before the committee meets then you can't fine. Afterwards the fine stands

That's not quite true. You can't fine if they cure the violation before the fining committee. However, they still have a chance to cure the violation even after the fine has been approved. You can't actually levy the fine (put it on their account for payment) until 30 days after the fine has been approved, and if they cure during those 30 days you cannot enforce the fine.

This was a change made last year to the statutes that was supposed to address the issue of HOAs and COAs abusing their authority to fine owners. However, it gutted the ability of the HOAs and COAs to enforce their rules. An owner can play the game that they cure the issue on the very last day and then the process has to start all over again.

Wonderful, the Florida legislature allows parking commercial vehicles inside HOA communities and guts the HOA’s authority to fine for the other violations.

JackS20 (North Carolina)
Posts: 271

Posted:

the HOA's goal should be compliance, not fining people. Maybe you need to treat your neighbors like neighbors?

JackS20 (North Carolina)
Posts: 271

Posted:

Quote:

Posted By DeanJ on 03/26/2025 9:37 AM

Posted By LoriM15 on 03/26/2025 7:16 AM

Posted By RobertB31 on 03/26/2025 2:07 AM
In Florida the violation must be cured before the Fining Committee upholds the fine. That means if they cure the day of or before the committee meets then you can't fine. Afterwards the fine stands

That's not quite true. You can't fine if they cure the violation before the fining committee. However, they still have a chance to cure the violation even after the fine has been approved. You can't actually levy the fine (put it on their account for payment) until 30 days after the fine has been approved, and if they cure during those 30 days you cannot enforce the fine.

This was a change made last year to the statutes that was supposed to address the issue of HOAs and COAs abusing their authority to fine owners. However, it gutted the ability of the HOAs and COAs to enforce their rules. An owner can play the game that they cure the issue on the very last day and then the process has to start all over again.

Wonderful, the Florida legislature allows parking commercial vehicles inside HOA communities and guts the HOA’s authority to fine for the other violations.

better that then the HAMPTONS again. you know the mafia that took over an HOA and used it to evict neighbors and pay themselves millions all at HOA members expense, that took HOA members years to resolve while the FL legislature said it's not their issue, until the media reported it and then the lawmakers said we should probably make new laws to prevent this scam from occuring again.

TimB4 (Tennessee)
Posts: 21,059

Posted:

My last association would always include "if the issue is resolved by mm/dd/yyyy, the board will waive the penalty."

This is because, as others have said, our goal is compliance not fines in lieu of compliance.

ArtB1 (Florida)
Posts: 97

Posted:

Our CAM came back to me. The fine is payable because the matter was not resolved until after the fining committee met

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By JackS20 on 03/28/2025 4:39 AM
the HOA's goal should be compliance, not fining people. Maybe you need to treat your neighbors like neighbors?

In Florida, the board is group of neighbors who have ask an owner to comply with the rules. When owner doesn't comply, another different group of neighbors levies a fine. Maybe people should obey the rules and not require a bunch of people to get together to achieve compliance.

ArtB1 (Florida)
Posts: 97

Posted:

I never understand people who buy a home in an HOA and then do not want to follow the rules.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By ArtB1 on 03/28/2025 7:46 PM
I never understand people who buy a home in an HOA and then do not want to follow the rules.

Because:

A. HOA communities typically have a better appearance than non-HOA commnujities.
B. They never bother to read the rules before they buy.
C. Rules don’t apply to them.

ArtB1 (Florida)
Posts: 97

Posted:

Oh so very true.

I also find realtors only provide the basic covenants and not the rules that have been passed in the last 10 years.

C. is also a big problem in Florida.

MichaelS56 (Minnesota)
Posts: 859

Posted:

In Minnesota a buyer has ten days to determine if they should purchase a townhome. During that ten-day period, the perspective buyers are to receive copies of the Rules, the Declaration and the bylaws. Many unit owners have not kept up their materials and many of the relators do not request the proper HOA information.

JeffS37 (Florida)
Posts: 2

Posted:

You’re right, almost. Compliance is great. Neighbor says, oh, I’m sorry I didn’t know. But sometimes neighbors don’t want to be neighborly.