Condo Association Fines

GREEN CAY VILLAGE CONDOMINIUM ASSOCIATION FINE POLICY

Effective Date May 10, 2010

Violations are here considered to be of two types, occurrence related, as in not picking up after one’s dog and ongoing, as in not removing a nonworking vehicle from the property.

The fine for an occurrence related violation is $25.00 per violation. The fine for an ongoing violation is $25.00 per day. In either case the total amount of the fines is limited to $1000.00.

In the case of occurrence related violations, the count will be reset to zero after six months have passed since the last violation.

FIRST NOTICE:
A FIRST NOTICE of the violation shall be mailed via regular mail to the unit owner with a copy to the tenant, if any, requesting immediate compliance for an occurrence related violation and compliance within (7) days for an ongoing violation.

FINAL NOTICE:
If the violation occurs again in an occurrence related violation or continues in an ongoing violation, a FINAL NOTICE shall be mailed via regular mail to the unit owner with a copy to the tenant, if any, requesting immediate compliance for an occurrence related violation and compliance within (7) days for an ongoing violation and in either case noting that if this violation occurs again/continues a fine will be imposed.

NOTICE OF FINE:
If the violation occurs again in an occurrence related violation or continues in an ongoing violation, a NOTICE OF FINE shall be mailed via certified mail, return receipt requested, to the unit owner with a copy to the tenant, if any, noting that a fine is being levied in the amount of $25.00 for an occurrence related violation or $25.00 per day for an ongoing violation and that the unit owner or tenant has the right to contest the fine by delivering written notice to the association within fourteen (14) days after receipt of the notice imposing the fine.

By order of the Green Cay Village Condominium Association Board of Directors
 

Per Florida Statute 718.303

(3) If the declaration or bylaws so provide, the association may levy reasonable fines against a unit for the failure of the owner of the unit, or its occupant, licensee, or invitee, to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. No fine will become a lien against a unit. No fine may exceed $100 per violation. However, a fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, provided that no such fine shall in the aggregate exceed $1,000. No fine may be levied except after giving reasonable notice and opportunity for a hearing to the unit owner and, if applicable, its licensee or invitee. The hearing must be held before a committee of other unit owners who are neither board members nor persons residing in a board member's household. If the committee does not agree with the fine, the fine may not be levied. The provisions of this subsection do not apply to unoccupied units.

Legislative Updates Effective 7/1/2010

Condominium associations may suspend the use rights of unit owner where an owner is delinquent for more than ninety (90) days in the payment of any "monetary obligation" to the association.

The use rights that can be suspended include the right to use the common elements’ the common facilities’ and any other association property.

Voting rights may also be suspended due to non-payment of a monetary obligation to the association in excess of ninety (90) days. While an owner's voting rights are suspended’ he or she is still counted toward the quorum requirement.

Per Green Cay Village Condo Docs - Declaration of Condominium

17.3 Fines.

In the event a Unit Owner, tenant, invitee, licensee, guest, contractor or occupant fails to observe and perform all of the provisions of the Declaration, the By-Laws, the Articles of Incorporation of the Association, Rules and Regulations, or any other agreement, document or instrument affecting the Condominium Property in the manner required, the Association shall have the right to impose a fine against the Unit Owner and the Unit. The amount of any fine shall be determined by the Board of Directors of the Association, but in any event shall not exceed any maximum amount permitted by the Act, as such Act may be amended from time to time. Any fine shall be imposed by written notice to the Unit Owner or tenant, signed by an officer of the Association, which shall state the amount of the fine, the violation for which the fine is imposed, and shall specifically state that the Unit Owner or tenant has the right to contest the fine by delivering written notice to the Association within fourteen (14) days after receipt of the notice imposing the fine. If the Unit Owner or tenant timely and properly objects to the fine, a committee of other Unit Owners ("Unit Owner Committee") appointed by the Board of Directors of the Association for the purpose of conducting these types of hearings shall conduct a hearing within thirty (30) days after receipt of the Unit Owner's or tenant's objection, and shall give the Unit Owner or tenant not less than fourteen (14) days written notice of the hearing date. Such notice shall include:

(i) A statement of the date, time and place of the hearing;

(ii) A statement of the provisions of the Declaration, Association By- Laws, or Association Rules and Regulations which have allegedly been violated; and

(iii) A short and plain statement of the matters asserted by the Association.

At the hearing, the Unit Owner Committee shall conduct a reasonable inquiry to determine whether the alleged violation in fact occurred and that the fine imposed is appropriate. The Unit Owner or tenant shall have the right to attend the hearing and to respond to any material considered by the Association and to produce evidence on his behalf and to provide written and oral argument on all issues involved and shall have an opportunity at the hearing to review, challenge and respond to any material considered by the Association. If the Unit Owner or tenant fails to attend the hearing, then the hearing will be deemed waived and the Unit Owner Committee may ratify the fine without further proceedings. At the hearing, the Unit Owner Committee shall ratify the fine or if the Unit Owner Committee does not agree with the fine, it may reduce or eliminate the fine and shall give the Unit Owner or tenant written notice of its decision. Any fine shall be due and payable within fourteen (14) days after written notice of the imposition of the fine, or if a hearing is timely requested within fourteen (14) days after written notice of the Unit Owner Committee's decision at the hearing. If any fine is levied against a tenant and is not paid within fourteen (14) days after same is due, the Association shall have the right to evict the tenant as hereinafter provided.

17.4 Costs and Attorneys' Fees. In any proceeding arising because of an alleged failure of a Unit Owner, tenant, occupant, invitee, licensee, guest, or contractor to comply with the requirements of the Act, this Declaration, the exhibits annexed hereto, or the Rules and Regulations adopted pursuant to said documents, as the same may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and reasonable attorneys' fees (including appellate attorneys' fees).

17.5 No Waiver of Rights. The failure of the Association or any Unit Owner to enforce any covenant, restriction or other provision of the Act, this Declaration, the exhibits annexed hereto, or the Rules and Regulations adopted pursuant to said documents, as the same may be amended from time to time, shall not constitute a waiver of their right to do so thereafter.