CONDO & HOA LAW BLOG:
The latest news on Florida laws regulating condominiums and homeowner associations.
Under Federal law, a party is to be held innocent of any accusation until due process of law is carried out. It is claimed by an HOA that they have an initial right to asses a fine upon an Association Member's Premises upon a Grievance Complain being filed. I paste below a redacted statement delivered by a retired tax attorney as to the rights of a Board to encumber the title to a Premises before fulfilling Association Doctrine obligations for a Grievance hearing has taken place. A very important issue aside from the conduct legislature to over look the protected rights of an individual is that when a Grievance filing was reviewed to insure it complied with legal grounds for one to have taken such Grievance filing action, the filing was found to have been improper and the Grievance filling was dismissed. As the result of an action taken by an HOA Board, it is my layman's opinion our Association Board has acted in a wrongful and libelous manner so in going forward in their lives, they must cease and desist with the wrongful conduct that has been carried out. Please reply commentary to firstname.lastname@example.org.The pertinent provision is F.S. 720.305.2. Commentary on this recites - "These new provisions were put in place to clarify the manner in which an association's board of directors and the fining and suspensions committee coexist. Prior to these provisions, there were some who were unsure as to whether the fining and suspensions committee would first meet and the board of directors would levy the fine, or if the board of directors would first meet, determine amount of the fine, and then the fining committee would meet to provide the offending owner with the opportunity to be heard. NOW, IT IS PATENTLY CLEAR. THE BOARD MUST TAKE ACTION FIRST.
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This site is intended for general information regarding Florida laws governing community associations and should not be used to solicit legal advice. Please consult with an attorney licensed in your state to answer legal questions concerning your association.