720

Started by JudyZ • 6 replies • 1136 views

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JudyZ (Florida)
Posts: 23

Posted:

I have read covenants and 720 today until everything is a blur and I just give up. I defer to anyone who can tell me where in 720 is the verbage as to when you are not in compliance, you give them 14 days to correct the violation then they have a right to request a hearing on their violation. HELP! I have read it but I can't find it. Think I need to get a life.

PeterB1 (Florida)
Posts: 257

Posted:

720.305(2)(a)

(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.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Judy,

The Statutes get easier each time that you look at them. The hint that I can give to you is to read the Statute number which is followed by the headings that each chapter contains. Read the headings and that makes finding things so much easier. Below is what you are looking for.There is more to this section but I have pasted just what you asked for.

720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.--

2.-
(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.

(b) The requirements of this subsection do not apply to the imposition of suspensions or fines upon any member because of the failure of the member to pay assessments or other charges when due if such action is authorized by the governing documents.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Oh - these passive voice sentences! they can drive you crazy!!!

It means: the homeowner accused of a violation must be given at least a 14 day notice before any fine or suspension is levied against him/her. AND that person has a right to a hearing in front of a board-appointed committee (comprised of person who fit certain criteria.) This committee must motion and approve the fine or suspension by a majority vote, or it can't be levied against the homeowner.

JudyZ (Florida)
Posts: 23

Posted:

Peter: THANK YOU, THANK YOU.....That is exactly the 720 I was looking for. Somedays you can read 720 and covenants until you want to screamm then yoy think....let's go on line and ask the pros.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Susan,

Having gone thru the initiation of a fining committee, (we called ours "covenant enforcement") the HOA just does not grab 3 people and set them up as the HOA cops. The State requires this committee to have training in reading and following a certain criteria which the State has written on following the documents of the HOA. The committee recieves the violation and any following letters from the P.M. or the Board and any other attempts for the owner to remedy the violation are reviewed.

Actually, the violation recieves a letter first and 14 days later, a registered letter is sent then the owner then has so many days to make the correction. It might take up to a month or more before it gets to the committee. Almost never has my association had to go beyond the committee setting up the fines. Owners just don't want to get that far into a non compliance problem.

JudyZ (Florida)
Posts: 23

Posted:

Susan and Donna - thanks for the 720.305(2)(a). I know you have to give the 14 days notice and they are entitled to a hearing....I just could not find where in 720. Thanks to all.

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