|
IS YOUR FINING PROCESS FINE?
By
Eric Glazer, Esq.
Published May 24, 2021
Prior to 2010 Florida law
only allowed the association to fine for violations of the
governing documents, if the authority to fine was contained in
the declaration or bylaws. In 2010, the law changed and
associations had the power to fine, even if the power to fine
was not contained in the governing documents. There’s no
question in my mind however that if your condominium or HOA was
created before 2010 and does not have language authorizing
fines, your association cannot fine the unit owners unless you
also have the language in your governing documents that
automatically adopts amendments to the association laws as they
are amended from time to time by The Florida Legislature. So,
before starting the fining process, make sure you actually have
the authority to fine. If you don’t, amend your declaration
first.
Let’s assume that the
association has the right to fine. How does the process work?
The fining process starts out at the Board level. For
example......let's say you want to fine Unit 107 for parking in
Guest Parking for 8 days in a row. On the agenda for a Board
meeting......you indicate as an agenda item "Fining of Unit
107" At the Board meeting, a Board member can make a motion to
fine Unit 107 $100.00 per day for each of the 8 days that he
parked in guest parking - meaning $800.00. The motion would need
to be seconded. A majority would need to vote in favor. If they
do - the fine has been levied - but not yet imposed.
The next step is that the
Fining Committee, made up 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, needs
to send a letter to Unit 107, scheduling a hearing with at least
14 days advance notice. At the hearing, the role of the Fining
Committee is very limited. They either impose the full amount
of the $800.00 fine .........or they waive it completely. The
committee has no authority to reduce the amount of the fine. If
the fine is imposed by the fining committee, the statute now
says the fine payment is due 5
days after the date of the committee meeting at which the fine
is approved.
Remember that the big difference between the power of a condo
and the power of an HOA regarding fines is that in a condo, a
fine can never become a lien on a unit. In an HOA however, once
the fine hits $1,000.00 the association may lien the unit and
proceed to foreclose.
Over the years I have heard mixed results when it comes to
fining. Some Boards think they work well, while others believe
the process is too cumbersome. What has been your experience?
|
|
About
HOA & Condo Blog
 |
Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
|
Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric has been the host of Condo Craze
and HOAs, a weekly one hour radio show that airs at 11:00 a.m.
each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
|
