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26 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Not all members or residents will adhere to rules and regulations or restrictions, in which case Association must take action. |
First Step enforcement is delivering notice to member which must state the specific violation, give a deadline for compliance, provide an opportunity to correct the problem |
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Uniform treatment of all members and residents is critical to successful enforcement |
The board cannot discriminate between members and leesees in enforcement procedures. The board cannot selectively enforce rules and Covenants. Selective enforcement may affect the board's authority to enforce documents, rules and regulations. |
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Knowledge of a violation and inaction by the board may result in the loss of associations ability to enforce rules or Covenants. |
If the board is aware of a violation, it must proceed with enforcement within a reasonable time. Otherwise, the board may lose their rights and force the rules or Covenant. |
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Condos co-ops and HOA May assess fines |
Even if the fining Authority is not provided in the association documents |
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Condo co-op and HOA for a reasonable time period, Suspend the rights of a member, members guest, tenant, or invitee to use common elements or other facilities or property |
For failure of the member or occupant to comply with the terms of the association documents, any provision of the documents, or reasonable rules of the association. |
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No fine May exceed $100 per violation |
If Association documents call for a lesser amount documents shall Prevail. Fine may be levied for each day of a continuing violation up to $100 per day to the max $1,000 for same violation. |
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In an HOA, a fine of $1,000 or more |
May become a lien against the parcel, the fine May exceed $1,000 if the association documents provide for it |
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Violations notice |
Members must be given 14 days written notice and and an opportunity for a hearing before a committee, to the unit owner and, if applicable its occupant licensee or invitee |
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HOA violations committee |
Committee must consist of at least three members appointed by board and not officers, directors, or employees of Association or spouse, parents, child, brother, sister of an officer director or employee. If Association imposes fine or suspension, Association must provide written notice of such fine or suspension by mail or hand deliver the parcel owner and if applicable, any tenant licensee invitee of partial owner |
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Condominium violation committee |
Committee must consist of Association members. Committee may not include a director or officer of Association or household member of director or officer. Can be of any size. Also suspensions imposed must be provided at a properly noticed board meeting. Upon approval, Association must notify unit owner and if applicable units occupant, licensee, or invited by mail or hand-deliver |
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Cooperative violations committee |
Any unit owner may serve on the committee. All suspensions imposed must be approved at a properly noticed board meeting. Upon approval, Association must notify unit owner and if applicable units occupant, license, or invited by mail or hand-deliver |
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The fine may not be imposed if |
If the committee members do not agree with the fine by majority vote |
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Alternative dispute procedures |
Forms of alternative dispute procedures Mediation Used in law, a way of resolving a dispute between two or more parties. A third-party, the mediator, assist the parties to negotiate their own settlement. Any settlement agreement signed by the parties will be binding. Arbitration A legal technique for resolution of a dispute outside the courts , in which a third party reviews the case and imposes a decision that is legally binding on both sides. Often used for the resolution of commercial disputes. Arbitration can be either voluntary or mandatory. Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed or legislation has to decreed, will be final and binding. |
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Mandatory non-binding arbitration for condos and co-ops |
Election or recall disputes failure to properly conduct meetings, notice of meeting or other actions related to meetings failure to allow inspection of books or records Boards Authority to require a member to take action, or not take action, involving numbers unit, or disagreement concerning boards authority to alter or add to a common area or element Exclusions Disputes concerning title to a unit or common elements Interpretation or enforcement of any warranty charging of a fee or assessment |
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Fees and charges for arbitration for condos and co-ops |
$50 payable to the division of Florida condos timeshares in mobile homes
The prevailing side can recover attorneys fees and costs |
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Arbitration appeal for condos and co-ops |
Either side can appeal to the county or circuit court within 30 days after the decision
If there is no appeal within 30 days, the decision is final. |
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Mandatory binding arbitration for HOA |
Elections Recalls Initial fee of $200 payable to the division of Florida condominiums timeshares and mobile homes |
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Arbitrators work for |
The division of Florida condominiums timeshares and mobile homes |
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Arbitrators are |
Attorneys |
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A petition for arbitration must be in writing using Department of Professional and business regulation form |
Form ARB 6000-001 for condos and co-ops Form ARB 6000-03 for HOA Elections Form ARB 6000-04 for HOA Recalls Petitions must State the basis for requesting arbitration and include any pertinent materials or facts attachmed. Petition must be delivered delivered to dbpr via mail , fax, Civil Service, etc. Copies must be delivered to other involved parties. |
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Non-binding arbitration |
After hearing, if any, and decision by the arbitrator, either side can appeal to the county court or circuit court within 30 days of the decision. If there's no appeal within 30 days, decision is final. |
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Binding arbitration |
After hearing, if any, and decision by the arbitrator, there is no appeal |
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HOA pre-suit mediation |
Certain disputes between Association and unit owner are subject to pre-suit mediation:
Use of or changes to Parcels or common areas and other Covenant enforcement disputes. Amendments to Association documents. Meetings of the board and committees that are appointed by the board. Membership meetings, not including election meeting. Access to official records. Party must serve the responding party with an offer of mediation to mediate over the dispute. |
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The written offer is sent by first class certified mail. Aggrieved parties suggests 5 mediators, of which the responding party chooses one. If responding party agrees, mediation must be held within 90 days, unless the time is extended by mutual agreement. Each party pays half of the mediator fee. |
The aggrieved party can go to court if the responding party: |
Fails to respond within 20 days Fails to choose one of the five mediators fails to prepay half of the fee |
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If either party refuses to participate in mediation |
They cannot recover attorneys fees or court costs |
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A strategic lawsuit against public participation SLAPP |
A lawsuit that is brought by a person, business entity, or governmental entity against a Community Association member because that member appeared or made a presentation before a governmental entity on a matter related to the association |
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