A condo association exists to create a community. This community can include lovely amenities, architectural and design controls, financial stability and help maintaining property values. And, yes, there are rules involved in joining any HOA or COA.
But what happens if—heaven forbid!—someone decides not to follow these rules?
Each association may have slightly different processes according to their specific CC&Rs, but here are a few standard ways to handle violations as outlined in Florida Statutes §719 and §720.
Form a committee
First, a fining committee of three owners must be formed. In this official committee meeting, minutes must be taken. The violation must be identified. And, most importantly, a 14-day notice must be sent to the violator.
Schedule a hearing
Next, the offender has 14 days to request a hearing from the notice. During the hearing the violator will have a chance to be heard. From this testimony, the committee either confirms or rejects the violator’s claims.
Fines and fees
The final step in violations is to serve up fines. Fines can range from $100-1,000 per day depending on local laws and CC&Rs. Notice must be given to violator and it is within the rights of the association to enforce these fines.
The violator must know that refusal to pay the fines can result in a lien upon the property, as well as a loss of rights within the association.
Sometimes to prevent a situation like this from occurring in the first place it is important for owners and tenants to understand why the rules exist. Holding regular HOA and COA meetings can clear up the air and prove preventative in clarifying why the association exists and what how it is meant to serve the community as a whole.
As always, if you are unclear about your rights or have any questions regarding violations, fines or any other difficult situations, we have your back. Reach out if you need support.
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