Florida Fines Committee

Hi,

HB2013 states:
A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days' written notice of the parcel owner's right to a hearing to the parcel owner at his or her designated mailing or e-mail address in the association's official records and, if applicable, to any occupant, licensee, or invitee of the parcel owner, sought to be fined or suspended. Such and a hearing must be held within 90 days after issuance of the notice before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.

Is the sister-in-law of a Board member not allowed to be on a Fines Committee? It doesn't seem to state that.

Thanks.

Usually stuff starting with HB or SB refer to bills being considered (or were introduced) in a state house of representatives (HB) or senate (SB) - was this HB2013 actually passed into law? Use that first link Tim gave you to look it up or throw in some search terms to see if you can find what you're looking for.

That said, this is what Google AI coughed up:

Fining Committee Requirements (Fla. Stat. 720.305) - this could be what you need to look at

The fining committee is a mandatory independent body that acts as a check on the Board of Directors.

Composition: Must consist of at least three members who are not officers, directors, or employees of the association, or their spouses, parents, children, brothers, or sisters.

Role: The board proposes the fine, but the committee holds the hearing and must vote to either "confirm" or "reject" it.

Approval: If the committee does not approve the proposed fine by a majority vote, it cannot be levied.

Based on this, I don't think this applies to a board member's in-law. It would be different if the board member's direct sibling and perhaps a step-sibling were on the committee.

If you have an upcoming hearing before this committee, point this out to the board and ask that they clarify or that this board member recuse herself and someone else step in. I suspect board members don't have dozens of relatives scattered throughout the community., so it shouldn't be difficult to find someone who's not related to you, board members and perhaps the property manager, if you have one

I agree with Michael. I can see a separate committee that would hold rule violation hearings and it could make recommendations to the board on what happens next. Reducing fines or tossing them could be a recommendation, but the board would have the final decision. We don't have a fines committee - disciplinary action is up to the board and the closest we come to fines would be the homeowner reimbursing the association for repair costs it incurred or the homeowner would be required to correct the matter (e.g. making an exterior change without authorization). Those are based on actual costs.

In this case, I think it would be easier for this association to consider using some sort of arbitration program. I don't know what they have in Florida, but I think this would be something where the arbitrator isn't related to anyone (homeowner, board members, property manager, etc.). Both sides share in the costs of arbitration and the loser must reimburse the winner, but if the thing ends in a draw, both sides are responsible for the costs they incurred.

Fortunately, our association only allows our committees to provide recommendations to the Board of Directors. Our association was developed in the late 90's and all of the past boards never wanted committees to have the power to make final decisions, only recommendations for the Board.