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FINING PROCEDURES
July 1, 2002
In today’s associations it is more common for the
Association to have the ability to fine for violations of
the documents. This is an effective tool for associations
to be able to get owners and their guests to comply with
the restrictions contained in the documents.
Before an association can fine any of its members, it must
have the authority to do so contained in its documents.
The following is a recommended procedure for all
associations to follow.
LEVYING OF FINES
Fines can only be levied if the governing documents provide
such authority.
Fines may not exceed $100.00 per violation against any
member or any tenant, guest or invitee. The Association
can probably levy a $100.00 fine per day of a continuing
violation with each day constituting a separate and
distinct violation.
The fine cannot exceed $1,000.00 for a single violation.
The documents will have to provide for this amount of fine.
If the ability to fine is already contained in the
documents and there is a lower amount stated, the lower
amount would prevail.
In order to levy a fine, the Association must provide not
less than fourteen (14) days prior notice to the person
sought to be fined and an opportunity for a hearing before
a Fining Committee. We suggest that Certified Mail be used
for the notice.
The Fining Committee would need to be at least three
Members appointed by the Board who are not officers,
directors, or a direct relative of an officer or director.
If the Association is unable to appoint these members,
then the Association will not have the ability to fine.
THE FINING COMMITTEE
The Fining hearing is to be heard by a majority of the
Fining Committee.
If the committee, by majority vote, does not approve a
proposed fine or suspension, it may not be imposed.
Both the Association and the person who is proposed to be
fined should be provided the opportunity to present
evidence as to why the fine should or should not be
imposed.
If the Fining Committee recommends a fine, that fine would
be levied by the Association through the Board of Directors
FINING COMMITTEE HEARING AGENDA
The following is a suggested Agenda for the Committee to
follow:
Introduction of proposed fine and owner to be fined.
Description of reported violation.
Presentation of evidence by owner proposed to be fined and
an opportunity for the owner proposed to be fined to state
why a fine should not be imposed.
Deliberation and review of evidence.
Determination of imposition of a fine and the amount of
said fine.
If by a majority vote of the Fining Committee, it is
determined that a fine shall be levied, notification to the
Board of Directors should be provided in writing.
The Board will then levy a fine at their next Board of
Directors Meeting, which will be collectable as an
assessment.
COLLECTION OF FINE:
Under the documents fines shall be considered an assessment
and shall be collected in the same manner as many other
assessment.
Copyright 2007© Associated Property Management of the Palm Beaches, Inc.
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