Covenant Enforcement Fining Structure Changed May 2018
At the March, 2017 the Board approved a change to the fining structure as part of Rule #26 in the Rules and Regulations document increasing the dollar amount of the initial fine up to $250 and an additional fine of up to $750 for failure to comply with a covenant. This fining structure complicates things as it relates to appeals etc. Florida 720.305 governing HOA’s has language that a fine may not exceed $100 per violation unless otherwise provided in the governing documents. A fine may be levied by the board for each day of a continuing violation with a single notice and opportunity for hearing, except that the fine may not exceed $1000 in the aggregate unless otherwise provided in the governing documents.
At the April 2018 Board meeting the Board approved the motion to change #26 to align with the Florida statute, the CEC Charter and rule #17 in the Rules and Regulation. Rule #26 is changed as follows:
Citations and Fines: A fine of up to $100 per day until violation is corrected, to a maximum of $1000, may be levied by the Board against any Member (or any Member’s tenant, guest, or invitee) for failure to comply with any provision of the Declaration, the Association By-Laws, or Rules and Regulations of the DCCOA. In the event the Association finds it necessary to engage legal counsel to recover a fine, such legal cost shall be at Owner’s expense and assessed to Owner’s account.
Posted on Mon, May 7, 2018
by Catrine Fredrikson