Fine Meetings In Florida

So, who's supposed to do it?

As I understand the term "committee," committees are established by the board. Your bylaws should cover how committees are established, how its members are appointed, etc. Maybe your documents have something to say about a "fine committee" in particular.

The purpose of the committee is to hold the hearing. I think your lawyer is right; I think the board should establish the committee. However, the committee should have its own chairperson to moderate the hearing and should choose one of its own to record the minutes and prepare a report on the proceedings and recommendation for the board. The board should not participate.

Please give me the Law number and location that you found it because we were told by our MC that the law had been revoked.
We were originally told all we needed was 1 person to act as the Judge and a BOD member would act as the prosecutor and the member could be his/her own defense lawyer. the minutes would be incorporated into the next BOD minutes. However we looked for 3 years to get someone to volunteer to accept the position. We finally got 1 person and she sold her home and left.

Please we finally have a decent law firm that is trying to work with us and they have heard of it but dont know where it is.
My email is [email protected] located in Muramer Florida 1 st town north of Miami.

Laverne,

First of all you must research your gov. docs. to see if fines are allowed. If so, the procedure should also be spelled out. Then I would suggest researching HOA state laws to see if there is a statute governing fines. When coming up with a fine policy make certain you abide by these governing authorities. After the board has adopted the policy it should be sent to all the property owners in the HOA.

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/ch0720.htm

720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights; failure to fill sufficient number of vacancies on board of directors to constitute a quorum; appointment of receiver upon petition of any member.--

2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.

(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing 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. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.

Hope this helps!