Comments: Comments Off on SHOULD I USE A PUBLIC ADJUSTER? While it would be wonderful if no one ever suffered damage to their property, it would be unrealistic to expect such good fortune.
Most states license all insurance adjusters, whether they work for an insurance company or for the public. Adjusters working for the insurance companies are obligated to treat all claimants fairly and impartially. However, they are paid by the insurance companies for their efforts. The state recognizes that you, the policyholder, are entitled to representation and you may retain the services of a licensed public adjuster to assist in the claim process. Sarasohn & Company, founded in 1924, is a fourth-generation public adjusting company based in Boca Raton, FL. As such, we can provide unparalleled expertise to get you the best possible settlement.
Our president, Stephen Sarasohn SPPA, is the third generation in his family’s business. His son, Bernard, joined the firm several years ago and is following in his footsteps. Stephen has been a public adjuster for 51 years and has held the professional designation Senior Professional Public Adjuster since it was first created in 1987. Stephen’s father, Ira Sarasohn SPPA, was one of the founding members of the National Association of Public Insurance Adjusters. Both Stephen and Ira were founding members of the Florida Association of Public Insurance Adjusters.
Property owners can certainly try to prepare and adjust their insurance claims themselves. However, as with most things in life, a great deal of benefit can be realized by hiring an expert to assist with a difficult and complex task. No public adjuster in Florida has as much experience as Stephen Sarasohn. Stephen has been certified as an instructor by the Florida Department of Financial Services and has taught insurance courses to the other public adjusters for their continuing education requirements. Sarasohn & Company has adjusted claims ranging from burglaries to plumbing leaks, to fires, to hurricanes, to airplanes crashing into buildings. The valuable experience we’ve gained, in our 98 years, benefits every client. We’ve adjusted a great many claims in excess of a million dollars, some of them in the tens of millions.
Not every professional is the same. When you need the assistance of an expert, you should hire the best expert. Contrary to another article on this site, damage caused by your negligence is not excluded.
While it would be wonderful if no one ever suffered damage to their property, it would be unrealistic to expect such good fortune. That’s why we all buy insurance. If you make a claim, the insurance company will have experts to represent their interests and you’d be well advised to do the same. For a free consultation regarding your damage or for a free review of your policy coverages, please contact us at any time at 561-368-5000
Comments: Comments Off on THE DIFFERENCE BETWEEN HOA AND CONDO LAW – IT’S LIKE NIGHT AND DAY! by Glazer Sachs
THE DIFFERENCE BETWEEN HOA AND CONDO LAW – IT’S LIKE NIGHT AND DAY!
By Glazer Sachs / written by Jan Bergemann
To be very honest, I am at a total loss when I look at the HOA Act the Florida legislature created with FS 720. Sometimes I wonder why they created this statute at all, considering that the provisions contained in this statute have no teeth — and it is widely known that even the best laws are useless without any proper enforcement tools.
The history of FS 720 clearly shows that enforcement of its provisions is only possible for homeowners who have lots of spare change in their pockets.
The biggest “joke” in the statutes is one sentence. Many good families lost their homes and life savings because the following sentence headlines the whole Florida HOA Act:
FS 720.302(2)The Legislature recognizes that it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations.
In all honesty, the only ones served by this sentence are specialized attorneys and their bank accounts – to the detriment of the homeowners living in these community associations.
While the FLORIDA CONDO ACT (FS718) has many detailed provisions that can be partially and easily enforced by a regulatory agency (Division of Florida Condominiums, Timeshares, and Mobile Homes), approximately 2.5 million homeowners living and/or owning property in these homeowners’ associations are treated like unwanted stepchildren by the Florida legislature.
With the existing, unenforceable statutes in place, it’s a financially risky proposition for retirees and investors to buy property within these communities. Homeowners are left to fight for themselves with no help to enforce the existing laws.
Simple matters, such as elections, record requests or financial issues, turn into expensive lawsuits that can quickly become monsters eating up families’ life savings. Many homeowners run around with blinders, ignoring permanent violations of Florida statutes, because they don’t want to risk spending their last dime on legal bills.
The proper legislation that would make life in homeowners’ associations much easier – and less expensive – is in place, but only for condominium associations.
The provisions contained in FS 720 are stacked against the homeowners, especially since in many associations budget shortfalls caused by unpaid dues and/or foreclosures are causing heavy financials burdens on the owners still paying their dues.
High legal bills are creating an even bigger hardship on the owners still paying the ever-increasing assessments, caused by the fact that the provisions contained in the HOA Act FS 720 provide no easy solutions for simple disputes.
The question that baffles everyone: Why is the Florida legislature unwilling to enact simple laws that would stop most of these shenanigans we are all reading about daily in the media? The established wording from the condo statutes could easily be used for the HOA statutes. Case law and the Florida Administrative Code is in place. Nobody has to reinvent the wheel.
But who fights these bills that would simplify life in HOAs in Florida? The only feasible explanation: The service providers, especially the attorneys that claim to lobby for the associations. They are the only ones who benefit from these useless HOA statutes.
It is definitely easier to fleece the owners if the laws are confusing and can be interpreted any way anybody wants. With the statutes for HOAs it is very easy to create mini-dictatorships and fill their own pockets – if some determined folks so desire. Is that what the folks who “invented” homeowners’ associations had in mind when they created these communities?
Comments: Comments Off on Will The Association’s Denial Of An Architectural Request Withstand Challenge? Many Won’t—Find Out Why
For many homeowners associations, a top priority is ensuring that the homes in the community are maintained in conformity with the “community-wide standard.” But, what is this subjective standard? How is compliance measured? What is the process to be judged when a request to the association’s architectural review committee (ARC) is made? The ARC is instrumental in ensuring that the community-wide standard is met. However, your association may run into a problem if the ARC denies a request from a homeowner if the association has not adopted specific, objective criteria and guidelines on which the ARC can rely.
Sometimes applications to the ARC are denied because the proposed modifications were not “in harmony” with the other homes in the community or did not conform with the “community-wide standard.” However, such a limitation is vague, and a denial based on whether a particular modification is “harmonious” is subjective. Thus, the members are entitled to specific guidelines regarding what is allowed and what is not allowed, and in fact, this is required by law.
The association’s ARC can only be as effective as the objective guidelines and standards drafted into the declaration and board-adopted rules. If your ARC is relying on aesthetics or other subjective criteria that are simply “personal preferences” rather than written, adopted, and published objective standards and guidelines, any disapproval is vulnerable to a successful challenge. In fact, in the seminal case regarding approval of architectural modifications, Young v. Tortoise Island Homeowner’s Ass’n, Inc., 511 So.2d 381 (Fla. 5th DCA 1987), the court held that where the governing documents were silent as to the modification at issue, a denial could not be based on the architectural control board’s opinion regarding “aesthetics, harmony and balance—admittedly very personal and vague concepts.”
In Young, the owners submitted an application to build a flat roof on their home. The homes immediately surrounding the home were all peaked roofs. Nothing in the governing documents prohibited an owner from building a flat roof, and the requested roof complied with all of the specific requirements set out in the governing documents. However, the architectural control board denied the owners’ request because there was a “very strong feeling” that the flat roof would not be “architecturally compatible with the other homes.” In the end, the Youngs built the flat roof despite the association’s disapproval, arguing that the architectural control board had no authority to impose a prohibition against flat roofs. The court agreed with the Youngs, holding that
“In the absence of an existing pattern or scheme of type of architecture which puts a prospective purchaser on notice that only one kind of style is allowed, either in the recorded restrictions or de facto from the unified building scheme built on the subdivision, such a board does not have the power or discretion to impose only one style over another based purely on ‘aesthetic concepts.’”
The flat roof violated no recorded restrictions, no objective rule adopted by the association, and no de facto common existing building style in the community. Therefore, the court held that it was beyond the power of the architectural review board to prohibit the flat roof.
The concept in Young was further codified in 2007 in §720.3035(1), Florida Statutes, which provides that an association or the ARC has the authority to review and approve plans and specifications only to the extent that the authority is specifically stated or reasonably inferred as to location, size, type, or appearance in the declaration or other published guidelines and standards. More specifically §720.3035(1), Florida Statutes, provides that the authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure or improvement located on a parcel, shall be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.
In other words, the ARC can only approve or deny requested modifications based on objective standards with specificity as to location, size, type, or appearance that are set out in the declaration or other published guidelines and standards. Without specific, objective standards to rely upon, the ARC is at risk of making arbitrary decisions regarding approval. Basing ARC denials on concepts like “aesthetics, harmony, and balance” will land the association in hot water if an owner challenges such denial. It is far safer to base approval or denial on objective standards as set out in the declaration or as adopted by the board.
Creative drafting by an association’s attorney is critical in order to capture those ARC applications where a member may request a modification that is not squarely addressed by the governing documents. In plain English, a “catchall” amendment to the declaration can be artfully drafted that stands for the proposition that, if such a request is made, then the existing state of the community is the applicable standard by which the application is to be judged. For example, if the Tortoise Island Homeowner’s Association had had such a provision in its declaration, then given that there were no flat roofs in the community, the existing state of the community may have provided a lawful basis for the ARC to deny the request, thus possibly leading to a whole different result in the case.
On a related note, there are strict procedural requirements that your association must follow, most especially if the ARC intends to deny an ARC request. It is likely many ARCs do not conduct their activities in conformity with Florida law such that a denial could withstand judicial scrutiny. Pursuant to §720.303(2), Florida Statutes, a meeting of the ARC is required to be open and noticed in the same manner as a board meeting. In other words, notice of the ARC meeting must be posted in a conspicuous place in the community at least 48 hours in advance of the meeting, and the meeting must be open for the members to attend. In addition, pursuant to §720.303(2)(c)3., members of the ARC are not permitted to vote by proxy or secret ballot. Bare bone minutes should be taken as well to create a record of ARC committee decisions, most especially denials.
We hear from many associations that the ARC does not meet openly or notice their meetings. This leaves any decision made by the ARC vulnerable to challenge. If the ARC denies an application but fails to do so at a properly noticed meeting, the owner can challenge the denial claiming that it is not valid as the ARC did not follow proper procedures. Many declarations contain language which provides that if an ARC application is not approved or denied within a certain period of time, the application is deemed approved. In that case, if the ARC’s denial of an application is not valid because the ARC failed to comply with the procedural requirements for the meeting, an application which violates the declaration or the ARC standards may be deemed approved by operation of the declaration! By complying with the provisions of Chapter 720, Florida Statues, your association can avoid that disaster.
Practice tip: Remember that notice of any board meeting at which the board will consider a rule which restricts what an owner can do on their parcel must be mailed, delivered, or electronically transmitted to the members and posted conspicuously on the property not less than 14 days before the meeting.
If your association has not adopted objective ARC standards and guidelines including the “catchall” provision discussed above, now is the time to start! We recommend that you contact your association’s counsel prior to drafting such rules to ensure that the association is in compliance with the requirements of the governing documents and Chapter 720, Florida Statutes.
by Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of ‘Rembaum’s Association Roundup’, an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.
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Comments: Comments Off on Florida Statute Could Strike Down Delayed Collections For HOAs Post-Foreclosure by Axela
We know that this headline reads like a Florida-specific issue, but Florida is often used as a guideline for other state laws and courts. For this reason, we think it’s important for homeowners and condo associations in other states to take note.
In Accardi v. Regions Bank, Florida’s 4th District Court of Appeals reversed a lower court ruling that awarded the bank a deficiency judgment and remanded the circuit court to enter an amended final judgment to include attorney’s fees and taxable costs only. The bank was not able to recover its deficiency judgment.
This happened because of a Florida Statute that states “Actions other than the recovery of real property shall be commenced as follows … within one year” (of a certificate of title being issued or acceptance of a deed in lieu of foreclosure, that is):
“An action to enforce a claim of a deficiency related to a note secured by a mortgage against a residential property that is a one-family to four-family dwelling unit. The limitations period shall commence on the day after the certificate is issued by the clerk of court or the day after the mortgagee accepts a deed in lieu of foreclosure.”
That’s a lot of legal jargon that most simply translates to say that there is a one-year statute of limitations period for which a claim for a deficiency may be acted upon (not to be confused with the timeframe for enforcing a deficiency judgment that has already been entered) in order to avoid the deficiency claim from becoming time-barred.
This Accardi v. Regions Bank ruling got us all thinking. Clearly, it reflects a problem for banks and lenders who have had to foreclose and were left with a sale that did not satisfy the judgment amount at foreclosure, but that isn’t really the takeaway here. The takeaway is that, in theory, this same statute could potentially be used to prevent delayed collections for HOAs and condo associations when attempting to recover assessments post-foreclosure.
Is your community association trying to recover outstanding debt post-foreclosure? You should be.
If the association was the foreclosing party, and they recovered less than the amount owed as a result of the sale of the property, then that would give rise to pursuing a claim for a deficiency. So it would be very worthwhile to enforce a claim for a deficiency within a year of the certificate of title being issued.
Again, this statute of limitations is specific to Florida, so if your own state already has statutes that have different time restrictions, you need to follow those to the letter of the law. But doing this seemingly small task in the right time frame could be the difference between getting your deserved monies owed or leaving it all on the table due to a dickered-out semantic technicality.
Similarly, if an association has debt that is uncollectable from a subsequent owner due to superior lien foreclosure or tax sale, the association should act quickly to enforce its collection rights on this debt. While the fact pattern under this scenario is different from pursuing a deficiency claim created by virtue of the association’s own foreclosure sale, it would be wise to take action to collect on this debt sooner rather than later, to avoid any potential argument that would suggest it is a deficiency and that it is time-barred.
Collections delayed are collections denied.
No HOA or Condo association should stop trying to collect the money it is owed to them until said debt has been declared uncollectible by a collection professional, and that may not be your community association attorney. Don’t leave money on the table and don’t accept HOA and condo delinquency write-offs. Let a professional Condo and HOA collection company recover the money that is owed to your community association.
Axela Technologies, the nation’s leading collection company for community associations, does know the laws nationwide and we suggest that pursuing that debt at no cost and no risk is a good strategy. A great strategy, you must send the file to collections before it is too late. Perhaps a court will say that beyond one year is too late.
Don’t write off debt that could have been recovered. Call us for a free review and collection analysis. Not only can we collect from debtors who have been foreclosed on, but we can also collect from homeowners who are behind on their assessments, all at no cost to the association.
First of all, it is not healthy for them as they become dependent on people for food. The best food for ducks is what they eat naturally— algae, insects and a variety of plants which are abundant in our subtropical climate. Humans most often feed them bread and similar items. These have no nutritional value for the duck. Additionally, feeding by humans makes the ducks reliant on such hand-outs, too lazy to continue foraging for their natural dietary items and uneaten “human” food will rot quickly in warm weather.
Second, feeding ducks encourages them to use the neighborhood as their bathroom, leaving droppings on patios, sidewalks and porches. As a result, controversies frequently arise between residents who enjoy the birds and residents who consider them a nuisance. Even duck lovers have complained about the problem of duck droppings on the lawns, drive-ways, patios, and even in their swimming pools. This is not healthy for people, particularly for the children playing in these areas. Wild ducks can spread disease to humans. When small children, the elderly and persons with immune system problems directly handle newly-hatched chicks, they may be exposed to salmonella. Muscovies can also transmit disease to wild waterfowl. All confirmed outbreaks of DVE, also known as duck plague (a sometimes-devastating viral infection) in wild waterfowl have been linked to domestic ducks. Fowl cholera is another serious disease that is transmittable between domestic and wild waterfowl. Although we have had no major outbreaks reported yet in Florida, the potential for Muscovies to spread this disease to wild waterfowl is a biological concern.
Second, feeding ducks encourages them to use the neighborhood as their bathroom, leaving droppings on patios, sidewalks, and porches. As a result, controversies frequently arise between residents who enjoy the birds and residents who consider them a nuisance.
Feeding ducks is a fun. But before you head off to your local pond, here are a few things to keep in mind:
DON’T: Feed ducks bread or junk food. Foods like bread and crackers have no nutritional value to ducks and can cause malnutrition and painful deformities if consumed too much.
DON’T: Leave uneaten food lying around. Leftover food in the water can rot and cause deadly algae blooms that affect local wildlife.
DON’T: Try to pet wild ducks. They may not appreciate your efforts!
Keep a respectful distance and remain nonthreatening, especially to ducklings who may become stressed or injured more easily.
Comments: Comments Off on SRI Consultants, Inc – ENGINEERING AND ARCHITECTURAL SERVICES
ENGINEERING AND ARCHITECTURAL SERVICES
Here at SRI Consultants, Inc., we take pride in what we do. The extra effort and attention to detail put forth by our team ensure you receive the highest quality services available to the industry, all while saving you time and money. Coastal areas like South Florida have a unique need for concrete rehabilitation and protection services predominantly related to assessing structural damage. Our team has specialists in structural engineering, civil engineering, environmental engineering and corrosion engineering at your disposal.
We offer engineering services for projects related to single family homes, multi-story structures, condominiums, hotels and motels, cooling towers, and seawalls. All project drawings are prepared using the latest AutoCad software. SRI can also deliver projects in Revit Architectural and Revit Structural.
Structural Design & Analysis
Structural analysis using state-of-the-art computer analysis programs for various building code requirements – FBC, IBC, ASCE, AISC. Structure types include reinforced concrete, metal and heavy timber structures. Cooling tower supports and retrofits. Window and door replacements for high-rise buildings and store fronts.
Corrosion Engineering
Corrosion condition assessment of concrete structures using corrosion potential mapping and corrosion rate measurements. Design of corrosion mitigation systems such as Cathodic Protection and/or Prevention. Building piping corrosion remediation for cooling water systems and domestic water lines.
Civil Engineering
Site planning, drainage design, and grading
Environmental Engineering
Phase I and II assessments (ASTM Standard), contamination assessments, corrective action plans (CAP), contamination assessment reports (CAR), remedial action plans (RAP), and fuel tank closure assessments
Conversion of Paper Design Documents to CAD
Conversion of paper-based design documents to data-rich 3D models, improving document preservation, organization, and storage. Revit modes incorporate all disciplines in one file and allow users to view structures from many different perspectives and cross sections.
Expert Witness Services
Client support for reviewing technical documents, commenting, preparing opinion letters, and providing testimonials.
Comments: Comments Off on FANNIE AND FREDDIE ARE ABOUT TO MAKE IT MUCH TOUGHER TO GET A LOAN TO BUY A CONDO.
FANNIE AND FREDDIE ARE ABOUT TO MAKE IT MUCH TOUGHER TO GET A LOAN TO BUY A CONDO.
By Eric Glazer, Esq
IT MAY BECOME IMPOSSIBLE TO GET A NEW MORTGAGE IN MANY CONDOS
As if condos didn’t have enough problems, Fannie Mae and Freddie Mac have just come out with new guidelines that condos must follow. Fannie Mae and Freddie Mac are government-sponsored agencies that purchase large quantities of home loans to keep money circulating throughout the home mortgage economy. They won’t purchase these loans any longer unless:
Delinquent assessments for Established Condominium Projects
No more than 15% of the total number of units in a project are 60 or more days delinquent in the payment of their HOA assessments.
The Condo Must Have a Reserve Study
The reserve study must comply with the following requirements:
The reserve study generally must include:
An inventory of major components of the project
Financial analysis and evaluation of current reserve fund adequacy, and
Proposed annual reserve funding plan
A reserve study’s financial analysis must validate that the project has appropriately allocated the recommended reserve funds to provide the Condominium Project with sufficient financial protection comparable to Freddie Mac’s standard budget requirements for replacement reserves
The reserve study’s annual reserve funding plan, which details total costs identified for replacement components, must meet or exceed the study’s recommendation and conclusion
The most current reserve study (or update) must be dated within 36 months of the Seller’s determination that a Condominium Project is eligible
The reserve study must be prepared by an independent expert skilled in performing such studies (such as a reserve study professional, a construction engineer, a certified public accountant who specializes in reserve studies or any professional with demonstrated experience and knowledge in completing reserve studies)
The reserve study must meet or exceed requirements set forth in any applicable state statutes
The reserve study must comment favorably on the project’s age, estimated remaining life, structural integrity and the replacement of major components
If the Seller relies on a reserve study that meets the requirements of this section, the project’s budget must contain appropriate allocations to support the costs identified in the study.
Comments: Comments Off on Condo and HOA Expo: February 1st in Palm Beach, February 4th in Miami Beach and February 15th in Broward. See you there!
Condo and HOA Expo’s: February 1st in Palm Beach, February 4th in Miami Beach and February 15th in Broward. See you there!
Learn From The Industry Leaders
Get the tools and information you need to manage your condo or HOA more efficiently. Regional and national experts will offer insights into the latest industry trends and best practices in legal oversight, financing, maintenance, renovations, energy efficiency, administration, communication and more. Bring your questions to these lively, informative sessions and come away with a clear blueprint for improved management for the future.
Palm Beach County Convention Center
Tuesday, February 1, 2022
For one day only, the Palm Beach Convention Center will be packed with the latest products and services as well as an array of industry experts. It’s an unparalleled opportunity to make valuable connections and speak directly with local and national experts about the topics that are relevant to you and your property.
Get legal insights, financial advice, communication tips, proactive management solutions and much more from some of the region’s top professionals. This one-day event will also give you a sneak peek at the latest design trends gracing today’s most prestigious developments, plus innovations in building and remodeling and the newest energy efficiency options.
Miami Beach Condo & HOA Expo
Join Us on February 4th!
For one day only, the Miami Beach Convnetion Center will be packed with the latest products and services as well as an array of industry experts. It’s an unparalleled opportunity to make valuable connections and speak directly with local and national experts about the topics that are relevant to you and your property.
Get legal insights, financial advice, communication tips, proactive management solutions and much more for some of the region’s top professionals. Attend FREE educational seminars and CEU courses covering all of today’s essential property management topics. This one-day event will also give you a sneak peek at the latest design trends gracing today’s most prestigious developments, plus innovations in building and remodeling and the newest energy efficiency options.
The Broward County Condo & HOA Expo
Join Us Tuesday, February 15, 2022!
For one day only, The Signature Grand will be packed with the latest products and services as well as an array of industry experts. It’s an unparalleled opportunity to make valuable connections and speak directly with local and national experts about the topics that are relevant to you and your property.
Get legal insights, financial advice, communication tips, proactive management solutions and much more from some of the region’s top professionals. This one-day event will also give you a sneak peek at the latest design trends gracing today’s most prestigious developments, plus innovations in building and remodeling and the newest energy efficiency options.
Condo, HOA and Property Management Expo Tampa Convention Center
Thursday, February 10th, 2022
Seminars: 9:00 am – 4:30 pm Exhibits: 10:30 am – 3:00 pm
Sign up for the networking and educational event of the year! Get face-time with industry experts, browse the latest products and services and learn how to save thousands on the management and maintenance of your condo or HOA.
It’s the ONLY event to bring everything you need under one convenient roof for a single, information-packed day.
Registration is FREE for community association managers, board members, board presidents, active HOA members and industry professionals. Don’t delay… register for this one-of-a-kind event today!
Naples Condo & HOA Expo & Seminars
March 25, 2022
New Hope Event Center
7675 Davis Blvd. Naples, FL 34104
Seminars 9:00 am – 4:30 pm Exhibits 10:30 am – 3:00 pm
Sign up for the networking and educational event of the year! Get face-time with the industry experts, browse the latest products and services and learn how to save thousands of the management and maintenance of your condo or HOA.
Orlando Condo HOA Property Management Expo & Seminars
Orange County Convention Center-West Bldg
Tuesday, April 12, 2022
Seminars 9:00 am – 4:30 pm Exhibits 10:30 am-3:00 pm
Sign up for the networking and educational event of the year!
Get face-time with the industry experts, browse the latest
products and services and learn how to save thousands on the
management and maintenance of your condo or HOA.
Q: My community has set up various speed monitoring devices along the most travelled road. The board is now fining residents for speeding violations. Is this legal? What is the process for imposing a fine and can these fines result in a lien? D.V.
A: Fines can be levied for violations of the governing documents, including speeding violations. Whether a fine can be recovered by the recording and pursuit of a lien depends on several factors, including the amount of the fine and what type of community association you live in.
Condominium and cooperative fines are capped at one hundred dollars per day and one thousand in the aggregate for continuing or ongoing violations. Homeowners’ association fines are likewise capped at one hundred dollars per violation and one thousand dollars in the aggregate, with one important difference. The declaration, articles, or bylaws for a homeowners’ association can authorize higher fines (this option is not available to condominiums and cooperatives).
Fining is retroactive and can begin accruing from the first day/time a violation is alleged to have occurred. There is no legal requirement to give a warning letter or opportunity to correct a violation before a fine is levied, although many associations do so as a matter of policy, especially for minor or first-time violations.
The board typically initiates the fining process by placing the matter on the agenda for a regular or specially scheduled board meeting to consider levying a fine. A majority vote of the board at a meeting where a quorum is present would be required to levy the fine, which should be levied as a specific amount.
After levy by the board, a hearing must be offered. The hearing is conducted by an independent committee appointed by the board. The committee, sometimes called “fining committee” or “compliance committee,” must be comprised of at least three (3) members of the association who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.
At the fining hearing, the committee must afford basic due process and allow the accused to be heard, state his or her case, and challenge evidence against him or her. Ongoing or continuing violations only require a single notice and opportunity for hearing before the committee.
The committee’s sole decision is to either “confirm” or “reject” the fine levied by the board. If the committee rejects the fine, the matter is concluded. If the committee confirms the fine, the fine is deemed to be imposed. The association must provide written notice of the fine by mail or hand delivery to the owner and, if applicable, to any tenant or invitee of the owner. The fine becomes due 5 days after written notice is given.
Unpaid fines cannot by law be secured by a lien for condominium or cooperatives. In homeowners’ associations, the statute provides that a fine of one thousand dollars or more may be subject to a lien. Some argue that the governing documents need to also include the authority to impose the lien for unpaid fines, some argue the contrary, there are no appellate court decisions on the topic. You might also be interested in knowing that there are already two Bills filed for the 2022 Florida Legislative Session that address HOA fines. One Bill (SB 1362) would state that homeowners’ association fines cannot be secured by a lien. The other (HB 6103) would remove the statutory authority of homeowners’ associations to fine altogether. It will be interesting to see what happens to these Bills during the upcoming 2022 Legislative Session.
Collection of fines typically requires a suit in small claims court, and the loser of the case would normally be responsible for the winner’s attorneys’ fees.
The provisions of your individual association’s governing documents and the application of current laws is also an important issue, which should be addressed with the association’s attorney. Likewise, if the matter is contested in court, the judge will likely require proof from the association that its speed monitoring devices are reliable and properly calibrated and maintained.
To read the original Naples Daily News article, please click here.
David Muller is board-certified in Condominium and Planned Development Law and regularly provides practical advice that ensures the fiscal success and legal compliance of both commercial and residential community associations. He has significant experience in drafting governing documents and amendments, negotiating contracts, dispute resolution, and more. For David’s complete bio, please click here.
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First of all, it is not healthy for them as they become dependent on people for food. The best food for ducks is what they eat naturally— algae, insects and a variety of plants which are abundant in our subtropical climate. Humans most often feed them bread and similar items. These have no nutritional value for the duck. Additionally, feeding by humans makes the ducks reliant on such hand-outs, too lazy to continue foraging for their natural dietary items and uneaten “human” food will rot quickly in warm weather.
Condo, HOA and Property Management Expo
Naples Condo & HOA Expo & Seminars
Orlando Condo HOA Property Management Expo & Seminars
