Post by BagLady on Nov 22, 2013 15:47:50 GMT -5
Cross-posted from BOD/November 2013 agenda
Interesting question so I went to look up the statute. The statute refers only to a "committee". I would submit that the descriptive word that is put in front of the word "committee" will reflect the intent and agenda of the sponsor--the Board.
In most instances, the governing documents would name the entity responsible for acting in such a capacity where there is the authority to levy fines and a fining schedule published. However, SLohA documents give no authority to SLohA to fine anyone; so, there is no named entity charged with levying or approving money fines for covenants or rules violations. If you recall, SLohA has voted against using fines as an enforcement tool on at least two ballots in the past. Unfortunately, Florida legislated this consumer-hostile change in 2010.
So, SLohA will make up the name of the Committee to reflect its mission and methods. It is not surprising that the BOD is referring to it as a "Fining Committee". It's goal is to bully with money penalties and threats of liens and foreclosures rather than communicate and try to get compliance behavior. Enlightened HOA's would probably call such a body an Arbitration Committee which describes a hearing of both sides of the issue, better understanding of both the rule and the rule-breaker, and a compromise on the issue. The goals should be getting compliance to the rule and, in many cases, identify and rewrite/re-ballot a badly-written or outdated rule (like the one on carports).
As a historical note, FS 720 used to refer to such a body as a Fining Committee back when the statute gave the committee the power to levy fines. That is no longer the case. Only the BOD has the authority, by statute, to levy and fine. The purpose of the committee is simply to provide the alleged violator with an opportunity to be heard and to either uphold or strike down the fine levied by the Board.
We can call it the Hate Committee. Management calls it the Fining Committee. BOD will call it whatever Management calls it.
Interesting question so I went to look up the statute. The statute refers only to a "committee". I would submit that the descriptive word that is put in front of the word "committee" will reflect the intent and agenda of the sponsor--the Board.
In most instances, the governing documents would name the entity responsible for acting in such a capacity where there is the authority to levy fines and a fining schedule published. However, SLohA documents give no authority to SLohA to fine anyone; so, there is no named entity charged with levying or approving money fines for covenants or rules violations. If you recall, SLohA has voted against using fines as an enforcement tool on at least two ballots in the past. Unfortunately, Florida legislated this consumer-hostile change in 2010.
So, SLohA will make up the name of the Committee to reflect its mission and methods. It is not surprising that the BOD is referring to it as a "Fining Committee". It's goal is to bully with money penalties and threats of liens and foreclosures rather than communicate and try to get compliance behavior. Enlightened HOA's would probably call such a body an Arbitration Committee which describes a hearing of both sides of the issue, better understanding of both the rule and the rule-breaker, and a compromise on the issue. The goals should be getting compliance to the rule and, in many cases, identify and rewrite/re-ballot a badly-written or outdated rule (like the one on carports).
As a historical note, FS 720 used to refer to such a body as a Fining Committee back when the statute gave the committee the power to levy fines. That is no longer the case. Only the BOD has the authority, by statute, to levy and fine. The purpose of the committee is simply to provide the alleged violator with an opportunity to be heard and to either uphold or strike down the fine levied by the Board.
We can call it the Hate Committee. Management calls it the Fining Committee. BOD will call it whatever Management calls it.