monitary fines

Started by MartinM • 3 replies • 1125 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MartinM (Florida)
Posts: 8

Posted:

Recently our board that is controled by a developer has introduced a monitary fine for parking in the wrong spot.

Our community has a 6 story parking structure in Florida. It has a supplus of 3:1 parking for residents.

My question is can the board set fines without any notification to the owners of the property?
Do the owners have a right to oppose the fines? (they are as high as $250.00 for the second offence)
How would the owner oppose this type of policy?

Help us in Florida

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By MartinM on 10/30/2008 9:12 PM
Recently our board that is controled by a developer has introduced a monitary fine for parking in the wrong spot.

Our community has a 6 story parking structure in Florida. It has a supplus of 3:1 parking for residents.

My question is can the board set fines without any notification to the owners of the property?
Do the owners have a right to oppose the fines? (they are as high as $250.00 for the second offence)
How would the owner oppose this type of policy?

Help us in Florida

Martin,

In answer to your question, yes the board has the authority to impose fines for CCR & rules violations, but only if given that authority in the gov docs or by state law. The owners do not have to be notified of the intention to impose fines (unless the gov. docs say otherwise); however they should be notified of the fine policy once it is adopted. Note that a fine is meant to be a deterrent and the amount of the fine is usually based upon what the fine is for. A parking fine should be higher than the cost of parking offsite otherwise many residents will just continue to violate the rule because it's cheaper. And, yes, the owners may oppose the fines or anything else the board does, but that doesn't mean their opposition will mean anything. When the assn is still under declarant (developer) control, expect that the board (the developer)will do whatever they choose. The only thing the owners can do is get together and let the developer know they don't like the idea of fines and really take exception to the high rate of those fines.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Martin,
First of all, YES the developer can assess a fine for parking infractions. Your governing documents will tell you that there is a fineing ability allocated to the developer and the association.

Fines must be done according to statutes 720 if you are a HOA or 718 if you are a condo. A notice must be sent to the member for non compliance. A second notice is sent by registered mail. If the violation is not corrected then, a notice to fine begins BUT!!!! the Statutes only allow for $100.00 per day with a maximum of $1000.00.

Do you have the right to oppose the fines? Probably not under your documents but if you feel that you are not guilty of a violation, then you can appeal before your Board or developer. But the easiest thing is to NOT park where you are not supposed to.

MicheleD (Kentucky)
Posts: 4,491

Posted:

I dunno, but it seems to me to be an easy fix.

Stop parking in unassigned parking spots.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here