Townhome Fines

GREEN CAY VILLAGE TOWNHOME ASSOCIATION FINE POLICY

Effective Date July 19, 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 Townhome Association Board of Directors
 

Per Florida Statute 720.305

(2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.

(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.

(b) The requirements of this subsection do not apply to the imposition of suspensions or fines upon any member because of the failure of the member to pay assessments or other charges when due if such action is authorized by the governing documents.

(c) Suspension of common-area-use rights shall not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

Legislative Updates Effective 7/1/2010

Homeowners' associations may suspend use rights regardless of whether the governing documents authorize the board to impose such suspensions.

However’ such suspension of use rights is limited to circumstances in which a member is more than ninety (90) days delinquent in the payment of any monetary obligation due the association.

The use rights that can be suspended include the right to use of the common areas or facilities.

Per Green Cay Village Townhome Bylaws

Section 15. The Board of Directors shall have the power to impose reasonable fines, which shall constitute a lien upon the Lot(s) of the violating Member, and to suspend a Member's right to vote or to use the Common Area, for violation of any duty imposed under the Declaration, these Bylaws, or any rules and regulations duly adopted hereunder; provided, however, nothing herein shall authorize the Association or the Board of Directors to limit ingress and egress to or from a Lot. In the event that any occupant of a Lot violates the Declaration, Bylaws, or a rule or regulation and a fine is imposed, the fine shall first be assessed against the occupant; provided, however, if the fine is not paid by the occupant within the time period set by the Board of Directors, the fine shall constitute a lien upon the Lot in which the occupant resides, and the Member shall pay the fine upon notice from the Association. The failure of the Board of Directors to enforce any provision of the Declaration, Bylaws, or any rule or regulation shall not be deemed a waiver of the right of the Board of Directors to do so thereafter.

a. Notice. Prior to imposition of any sanction hereunder, the Board of Directors or its delegate shall serve the alleged violator with written notice describing (i) the nature of the alleged violation, (ii) the proposed sanction to be imposed, (iii) and stating that the alleged violator shall have a period of not less than fourteen (14) days within which the alleged violator may present a written request to the committee designated by the Board of Directors for a hearing; and (iv) a statement that the proposed sanction shall be imposed as contained in the notice unless a challenge is begun within fourteen (14) days of the notice. If a timely challenge is not made, the sanction stated in the notice shall be imposed.

b. Hearing. If a hearing is requested in a timely manner, the hearing shall be held in executive session before the body specified in the notice which shall afford the Member a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the Officer, Director, or agent who delivered such notice, The notice requirement shall be deemed satisfied if the alleged violator or his designated representative appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. The hearing shall be conducted in accordance with Florida Statute §720.305.

c. Appeal. The alleged violator shall have the right to appeal the decision of the committee to the Board of Directors. To perfect this right, a written notice of appeal must be received by the manager, President, or Secretary of the Association within thirty (30) days after the hearing date.

d. Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Association, acting through the Board of Directors, may elect to enforce any provision of the Declaration, these Bylaws, or the rules and regulations of the Association by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations) or by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity for compliance with the procedure set forth above. In any such action, to the maximum extent permissible, the Member or occupant responsible for the violation shall pay all costs, including reasonable attorney's fees actually incurred.