QUESTION: Can you direct me to the latest FL statute on fining Owners? Our bylaws state that the hearing must be held before a committee of other Unit Owners. Can the Board appoint a “fining” committee or ask for volunteers?
Thank you,
D. J.
ANSWER: The condominium act has a process for the fine hearing. The language from s. 718 follows.
718.303 Obligations of owners and occupants; remedies.—
(3) The association may levy reasonable fines 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. A fine may not become a lien against a unit. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing. However, the fine may not exceed $100 per violation, or $1,000 in the aggregate.
(a) An association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators.
(b) A fine or suspension may not be imposed unless the association first provides at least 14 days’ written notice and an opportunity for a hearing to the unit owner and, if applicable, its occupant, 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, the fine or suspension may not be imposed.
The board may create a permanent committee for hearing appeals of fines or it can appoint one as needed.
I hope this helps. Let me know if you need additional information.
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