We always hear board members, attorneys and managers demanding more power and reinstatement of liens and foreclosures for fines. The last one I heard demanding more power for association boards was Kenneth Lassiter, 1. Vice President of COBWRA (COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC. at the CCFJ Town Hall Meeting in Boca Raton on January 31, 2009.
Our US Constitution allows GOVERNMENT ENTITIES to fine its citizens. Supreme Courts in Virginia and Rhode Island already held that fining by community associations is unconstitutional. As we all know, latest since the BATTLE AT TWIN RIVERS, association boards and their attorneys fight against homeowners' associations being considered government entities, because suddenly all the board members could be held accountable for their actions -- and in Florida the SUNSHINE LAW would apply. But NO, they want unrestricted power -- even to take a family's home away by foreclosure -- without being held accountable for any wrongdoing!!
I have nothing against power to uphold the laws, but this power can only be in the hands of people who can be as well held accountable for their actions!
But the shenanigans as seen in this letter (and many others) just have to stop!
This is HIGHWAY ROBBERY rather than anything else!
There shouldn't even be an argument!
FS 720.305
(1) Each member and the member's tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:
(a) The association;
(b) A member;
c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and
d) Any tenants, guests, or invitees occupying a parcel or using the common areas.
The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney's fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy.
2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.
(a) A fine or suspension may not be imposed without notice of at least 14 days to the person 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, it may not be imposed.
COMPLETE FS 720.305
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