Q: I own in a Fl Hoa, and am been fined for two violations, without the violation committee involved.
If a violation or enforcement committee is in force why they go straight to fine without expected procedure. I would say it should be valid.
A:
There's really not enough facts to comment on your post. The procedure is the homeowner receives a violation notice and, if not corrected, the matter goes before the board to vote to "levy" a fine. The fine is not "imposed" until the homeowner has been provided the opportunity to be heard before a three-member committee of people who are no relation to the board or management company. The committee either votes to accept the fine or reject the fine. That is the limitation of their duties. If they accept the fine, the owner is then given a notice they have five days to pay the fine. The owner must RECIEVE the notice of the hearing at least 14 days prior to the hearing (this is the one thing most HOAs get wrong).
The difference between the levy of the fine and the fine being imposed is the fine is not official until the committee approves it and imposes it. If the committee rejects it there is no fine.
Hope this helps.
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