One of the most common topics that our firm’s other community association attorneys and I are asked about is how to enforce association rules against residents who purposefully and repeatedly violate them. First and foremost, it is important that rules and regulations, and other requirements set forth in an association’s governing documents, be enforced uniformly to every member, director, and resident, lest they are rendered meaningless and unenforceable over time. For repeat violators who appear to have no intention of complying and living by the rules, one of the most effective weapons for an association to use is the imposition of fines.
Florida law allows both HOAs and condominium associations to impose fines against members, tenants, guests and invitees who violate the community’s declaration, articles of incorporation bylaws or any rules adopted by the association. For both HOAs and condominiums, fines may not exceed $100 per violation, and the fines may be imposed for each day that the violation continues with a statutory cap that the fines cannot exceed $1,000 per violation.
In both HOAs and condominiums, it is important to follow the statutory procedures for the imposition of fines in order to enforce them at a later date. In order to impose a fine, the association must create a “fining committee” – some call it the “violations committee” or the covenants committee,” but whatever your community decides to call it, the committee must be comprised of three unit owners who are NOT On the association’s board of directors, or are not the spouse or family member of a director.
Once a violation is committed, the offending resident (owners and tenants alike) must be given 14-days’ notice of a hearing before the committee, which, after hearing all of the facts, decided whether a fine should be imposed. Interestingly (and importantly), if the committee decided that a fine may not be imposed then the board of directors must accept that decision and the fine may not be imposed. However, if the committee decides that a fine should be imposed, then the board of directors has the option to (1) set the fine amount or (2) waive the fine altogether.
Stevens & Goldwyn specialize in HOA and can help HOA’s navigate legal disputes.
The Fort Lauderdale homeowners association attorneys at Stevens & Goldwyn, PA offer legal services for community associations throughout South Florida including West Palm Beach, Miami, and more. The lawyers at Stevens & Goldwyn PA specialize in real estate litigation, civil litigation, commercial litigation, mortgage foreclosures, and more.
Arrange a free, no-obligation consultation, where you can discuss your legal concerns with a partner of our firm. We look forward to answering your questions and seeing how we can meet your legal needs. Call us at 954-476-2680 or contact us online today.
Through a free, no-obligation consultation, you can discuss your legal concerns with a partner of our firm. We look forward to answering your questions and seeing how we can meet your legal needs.
Call 954-476-2680 or contact us online today.