Violation Fines & Enforcement Policy Copy

Purpose:

To uphold community standards and ensure compliance with the Association's governing documents, this policy outlines the procedures for addressing violations and imposing fines in accordance with Florida Statutes.

Authority:

This policy is established under the authority granted by Florida Statutes §720.305, which permits homeowners' associations to levy reasonable fines for violations of the association's governing documents.

Policy:

1. Violation Notice:

Upon identifying a violation, the Association will provide the homeowner with a written notice detailing the specific violation and referencing the applicable governing document provision.

2. Opportunity to Cure:

Homeowners will be given a reasonable period to rectify the violation. The duration will be specified in the violation notice and may vary based on the nature of the violation.

3. Notice of Intent to Fine:

If the violation is not corrected within the specified period, the Association may issue a Notice of Intent to Fine, providing at least 14 days' written notice of the proposed fine and the opportunity for a hearing before the Enforcement Committee.

4. Enforcement Committee Hearing:

A hearing will be conducted by an independent Enforcement Committee, composed of at least three members who are not officers, directors, or employees of the Association, nor related to such individuals. The homeowner will have the opportunity to present evidence and arguments.

5. Committee Decision:

The Enforcement Committee will determine whether to confirm or reject the proposed fine. A majority vote is required to impose the fine. If the committee does not approve the fine, it will not be imposed.

6. Fine Amounts:

Unless otherwise specified in the Association's governing documents, fines shall not exceed $100 per violation, with a maximum aggregate fine of $1,000 for continuing violations.

7. Notification of Fine:

If a fine is approved, the Association will provide written notice to the homeowner, specifying the amount and due date of the fine.

8. Appeals:

Homeowners may appeal the Enforcement Committee's decision by submitting a written request to the Board of Directors within 14 days of receiving the fine notice. The Board will review the appeal and issue a final decision.

9. Enforcement Without an Enforcement Committee:

In the absence of an Enforcement Committee, the Board of Directors retains the authority to enforce violations through alternative legal remedies as permitted by Florida law, including seeking injunctive relief or other appropriate actions.

Conclusion:

This policy ensures that enforcement actions are conducted fairly and in compliance with Florida law, maintaining the integrity and harmony of the community.

Approved by the Board of Directors on 4.17.2025
The policy will not go into effect until a fining committee is appointed by the Board of Directors.