Question:
Can a Board of Directors lodge a violation on my account for something that is in the bylaws a responsibility of the HOA?
I received a violation to repair/replace my lawn. The bylaws clearly state that the lawn maintenance, repair and/or replacement is the responsibility of the HOA.
The board president claims that the board has the sole discretion to act on that, and they chose not to, therefore made it my responsibility. I was under contract to sell my home and could not get a clear to close because of this violation.
Management wouldn’t even talk to me – stating there was nothing they could do; it was the Board’s decision.
Why have By-laws? Why have Managment??
– Lori
Answer:
Hi Lori,
Make sure to read through your governing documents (CC&Rs and bylaws) to understand whether or not lawn maintenance truly falls under the HOA’s responsibility. The governing documents should also be able to tell you if the board can act in its sole discretion with regard to lawn maintenance. If you find that the governing documents support your case, point this out to the board at your disciplinary hearing. In Florida, associations must give owners 14 days’ notice as well as an opportunity to be heard.
The Florida Statues Section 720.305(b) states: “A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ notice to the parcel owner and, if applicable, any occupant, licensee, or invitee of the parcel owner, sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, the proposed fine or suspension may not be imposed. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the proposed fine or suspension levied by the board is approved by the committee, the fine payment is due 5 days after notice of the approved fine is provided to the parcel owner and, if applicable, to any occupant, licensee, or invitee of the parcel owner. The association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any occupant, licensee, or invitee of the parcel owner.”
If you’re unsure, it is a good idea to have a lawyer look over the governing documents and advise you further.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
