Hot Topic: How much can you fine an owner who violates the association’s rules?
Condominium and cooperative fines are capped at $100.00 per day, and capped at $1,000.00 in the aggregate for continuing violations. Fines may not be secured by a lien against the unit, meaning that an action in small claims court is usually required to collect.
Homeowners’ association fines may not exceed $100.00 per violation, unless otherwise provided in the governing documents. There is also a $1,000.00 aggregate cap, but again, unless otherwise provided in the governing documents (may permit a greater or lesser aggregate fine). The law does permit a fine of $1,000.00 or greater to be subject to a lien.
Both
Before a fine becomes final, an independent committee must be appointed by the board. The committee (sometimes called “fining committee” or “compliance committee”) must be comprised of at least three (3) members who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.
Notice of the opportunity for a hearing must be sent at least 14 days in advance of the hearing. If the bylaws require other information to be contained in the notice, such as a cite to the relevant document being violated or the proposed amount of the fine, that information needs to be included as well.
At the hearing, the committee must afford basic due process and allow the accused to be heard, state his case, and challenge evidence against him or her. The committee must then either “confirm” or “reject” the fine.
It is my opinion that every association should have a written policy on its fining procedures and should follow them.
Also, it is important to remember that pursuant to Section 95.11(2)(b) of the Florida Statutes that the statute of limitations for a breach of contract action is 5 years. Since your condominium documents have been held by the courts to constitute a contract, this is the standard that is used.
We often get the question: How much can we fine an Owner who violates the Association’s rules?
Condominium and cooperative fines are capped at $100.00 per day, and capped at $1,000.00 in the aggregate for continuing violations. Fines may not be secured by a lien against the unit, meaning that an action in small claims court is usually required to collect.
Homeowners’ association fines may not exceed $100.00 per violation, unless otherwise provided in the governing documents. There is also a $1,000.00 aggregate cap, but again, unless otherwise provided in the governing documents (may permit a greater or lesser aggregate fine). The law does permit a fine of $1,000.00 or greater to be subject to a lien.
Both
Before a fine becomes final, an independent committee must be appointed by the board. The committee (sometimes called “fining committee” or “compliance committee”) must be comprised of at least three (3) members who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.
Notice of the opportunity for a hearing must be sent at least 14 days in advance of the hearing. If the bylaws require other information to be contained in the notice, such as a cite to the relevant document being violated or the proposed amount of the fine, that information needs to be included as well.
At the hearing, the committee must afford basic due process and allow the accused to be heard, state his case, and challenge evidence against him or her. The committee must then either “confirm” or “reject” the fine.
It is my opinion that every association should have a written policy on its fining procedures and should follow them.
Also, it is important to remember that pursuant to Section 95.11(2)(b) of the Florida Statutes that the statute of limitations for a breach of contract action is 5 years. Since your condominium documents have been held by the courts to constitute a contract, this is the standard that is used.