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RobertS17 (Florida)
Posts: 52
Posted:
In the CCRs it says rules can be created by the Association for the common good of the subdivision and reasonable fines can be imposed, but I can't find anything about the procedure in which to do so. Is it the board members who make the rules and penalties, or is it something to discuss at the annual meeting in February?

Thanks.
RobertS17 (Florida)
Posts: 52
Posted:
Edited to add:

Actually, the restrictions in the covenants seem fine to me. I guess my question lies more in enforcing the existing policies. What's the procedure for creating penalties for those restrictions?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Robert,
In order to have the ability to fine for non-compliances and other violations, your current documents must have wording to allow for it. Also, if you do have the ability to fine, then go to Fl Statutes 720 , under fining, and use that as your guideline.

Are you stand alone homes or condos or villas? That will tell us what Statutes you must follow.
RobertS17 (Florida)
Posts: 52
Posted:
Donna,

It does say fines can be imposed. They are single-family homes.
RobertS17 (Florida)
Posts: 52
Posted:
Sorry, they are stand-alone homes.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Robert,
This is the Statute guideline. You should use this as your limits guidelines. There is more to the chapter so Google " Fl. Statutes 720" and follow it.

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

(1) Each member and the member's tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:

(a) The association;

(b) A member;

(c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and

(d) Any tenants, guests, or invitees occupying a parcel or using the common areas.

The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney's fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy.

(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.

(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 .
BenJ (Florida)
Posts: 21
Posted:
Donna,

I'm the process of trying to change our Bylaws to allow for fines. Our Covenants don't specifically state fines but use the language "enforce by any preceding by law or in equity".

Our Bylaws provide for the creation of committees and the amending of the Bylaws by the Board of Directors and the use of penalties for the violation of Rules and Regulations pertaining to the Common Areas. I'm proposing that the Board establish a "Fine Committee" and amend the Bylaws to include fines for violation of the Covenants and Rules and Regulations. Do you see any flaws in this strategy?

Thanks, Ben. (NW Florida)
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By RobertS17 on 12/29/2008 3:15 PM
In the CCRs it says rules can be created by the Association for the common good of the subdivision and reasonable fines can be imposed, but I can't find anything about the procedure in which to do so. Is it the board members who make the rules and penalties, or is it something to discuss at the annual meeting in February?

Thanks.

Robert unless it is specified otherwise in your documents then it would be the BOD's job to set the rules. Our documents for instance allow the BOD to enact rules but they aren't valid unless approved by a majority of the owners in good standing. As I understand Florida HOA law this would require a properly noticed meeting specifically for the purpose [720.303 (2)(C)(2)] and all members must be furnished copies of the rules. I urge you to get the H/O's involved as much as possible, to prevent the rules, no matter how reasonable, from seeming to be dictates from on high.

Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
Don't know where that weird symbol in my last post came from but it was supposed to say 720.303.

Studies show that 5 out of 4 people have problems with fractions
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By GlenL on 12/30/2008 10:46 PM
Don't know where that weird symbol in my last post came from but it was supposed to say 720.303.
Just a technical note: This forum interprets square brackets and what follows as a code similar to BB code. Using, say (bracket)B(bracket) will cause the text to be bold like this.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ben,
Luckily for your association, your documents provide for the ability to fine. Yes, you must have a committee of members who are not Board members or any relation to them, to be committee members. There is good information that the State has on guidelines for this committe, including responsibilities and guidelines. When you get all of that together, you MUST send notification copies of all of the procedures and rules to each member at least 14 days prior to enactment. Only the Board votes to accept this, not the membership. If you have easy access to the association attorney, have him verify that you have followed the State guidelines correctly.

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