CarlosB3 (Florida)
Posts: 47
Posts: 47
Posted:
Florida HOA
The board is meeting this week on two related issues involving one homeowner:
1. Unauthorized Modification of Common Area
The homeowner modified a section of the common area without prior approval.
The Grievance Committee reviewed the matter and determined a fine would be imposed if the area was not restored.
The homeowner has been fined the maximum allowed under statute for failure to restore the area ($100 a day, total $1,000)
Since the common area has not been restored, can we?
impose an additional fine for the continued non-compliance, or
proceed with restoring the area and then bill the homeowner for the cost of restoration?
From our By Laws: “The expense of any maintenance, repair or construction of any portion of the Common Areas necessitated by the negligent or willful acts of an Owner … shall be borne solely by such Owner, and the Townhome owned by that Owner shall be subject to an Individual Assessment for that expense.”
“An Owner shall be responsible for the removal of all landscaping and structures placed within easements or Common Areas without prior written approval of the Association.”
2. Delinquent Assessments
The same homeowner is five months behind in paying HOA assessments. He had indicated he would enter a payment plan (a one-time exemption offered by the Association) but has made no payments to date.
Before sending the 45-day lien notice, looking for clarification on whether:
the previously assessed fines may be included in the total amount due on the lien notice ($1,000), and
if the Association restores the common area and bills the homeowner for the restoration costs, that amount may be included in the lien notice (Once its past due)
Now, keep in mind the right now the only thing past due 90 days is HOA assessments (including late fees) but any fines or if we restore the area is not part of past due amount
so technically can we even include that since it's not technically past due?
Thank you in advance.
The board is meeting this week on two related issues involving one homeowner:
1. Unauthorized Modification of Common Area
The homeowner modified a section of the common area without prior approval.
The Grievance Committee reviewed the matter and determined a fine would be imposed if the area was not restored.
The homeowner has been fined the maximum allowed under statute for failure to restore the area ($100 a day, total $1,000)
Since the common area has not been restored, can we?
impose an additional fine for the continued non-compliance, or
proceed with restoring the area and then bill the homeowner for the cost of restoration?
From our By Laws: “The expense of any maintenance, repair or construction of any portion of the Common Areas necessitated by the negligent or willful acts of an Owner … shall be borne solely by such Owner, and the Townhome owned by that Owner shall be subject to an Individual Assessment for that expense.”
“An Owner shall be responsible for the removal of all landscaping and structures placed within easements or Common Areas without prior written approval of the Association.”
2. Delinquent Assessments
The same homeowner is five months behind in paying HOA assessments. He had indicated he would enter a payment plan (a one-time exemption offered by the Association) but has made no payments to date.
Before sending the 45-day lien notice, looking for clarification on whether:
the previously assessed fines may be included in the total amount due on the lien notice ($1,000), and
if the Association restores the common area and bills the homeowner for the restoration costs, that amount may be included in the lien notice (Once its past due)
Now, keep in mind the right now the only thing past due 90 days is HOA assessments (including late fees) but any fines or if we restore the area is not part of past due amount
so technically can we even include that since it's not technically past due?
Thank you in advance.