Editor's Note: to the extent the rules and regs abridge rights afforded by the Statute, the Statute controls. Rules and Regs can never abrogate or restrict rights granted by the Florida Legislature, whose mandatory grievance procedures always take precedence over HOA rules and regulations.
Editor's additional Note: note the red highlighted parts below, especially where our own rules invoke the controlling Florida Statute posted elsewhere on this site.
E. VIOLATION GUIDELINES
Florida State Statute 720, governs the structure, functions and role responsibilities of the HOA. As such, the Board of Directors may impose penalties, within certain parameters, for violations of established rules and regulations. In accordance with this law, the following consequences have been put in place. They are listed in ascending order of non-compliance, as indicated below:
When an incident report of a violation of any rule or regulation has been submitted to the office:
1. A warning letter will be mailed from the office to the resident, specifying the rule infraction.
2. If a second violation is reported to the HOA office, then a stronger warning letter will be given, delineating what further action will be taken if the infraction continues.
3. Penalties will then be imposed, which could include suspensionof use of common areas and facilities, privileges and imposition of fines (with additional penalties for non-payment), depending upon the severity of the violation, as determined by the Board of Directors. Per Florida Statute, Chapter 720.305, fines may range from $25 to $100 per violation and not exceed $1,000 per violation in the aggregate.
Note: Item numbers 1 and 2 may be suspended by the Board of Directors in case(s) of any major violation that immediately imperils the health, safety and/or security of any person on the common areas and facilities.
As stated in Florida State Statute 720.305(2b), a Hearing Committee has been established if a resident wishes to grieve, discuss, or deny the violation and/or the penalties imposed by the Board. This committee is comprised of residents who were chosen by the Board of Directors for their impartiality, judgment, and expertise in these matters. The decisions of the Hearing Committee are final and are not subject to Board of Directors review.
Your cooperation in noting and adhering to the above listed changes in our community’s Rules and Regulations is greatly appreciated.