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HOA "fee" vs "fine"

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acgandhi

Junior Member
What is the name of your state (only U.S. law)? FL

My home owner's association(HOA) is trying to stick a "administrative fee" for violations (minor) notified to me. I was complying to the violations and contacted them over the same but they fail to acknowledge my attempts to contact(I've documentation) and now they are sticking me with this fee for failure to contact or remove the violation.

Since I feel I am dealing with an un-reasonable HOA president. I wanted to bring the issue infront of a committe as per the following Florida law

"720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.—

(b) A fine or suspension may not be imposed without at least 14 days’ notice 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. If the association imposes a fine or suspension, 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 tenant, licensee, or invitee of the parcel owner."

The HOA president asserts the money they are charging is a "fee" not a "fine" hence not entitled to be reviewed by a committee and it surely seems like a fine to me but they have twisted the words to avoid this clause it seems.

My question to you is:
a) How would you differentiate between a "fee" and a "fine", just making the words change qualify it as a fee?
b) Even if it was a "fee", shouldn't there be a provision for such "fee" in the bylaws and it should have been spelled out (which it is not)?.

Thanks
 


TinkerBelleLuvr

Senior Member
What is the name of your state (only U.S. law)? FL

My home owner's association(HOA) is trying to stick a "administrative fee" for violations (minor) notified to me. I was complying to the violations and contacted them over the same but they fail to acknowledge my attempts to contact(I've documentation) and now they are sticking me with this fee for failure to contact or remove the violation.

Since I feel I am dealing with an un-reasonable HOA president. I wanted to bring the issue infront of a committe as per the following Florida law

"720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.—

(b) A fine or suspension may not be imposed without at least 14 days’ notice 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. If the association imposes a fine or suspension, 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 tenant, licensee, or invitee of the parcel owner."

The HOA president asserts the money they are charging is a "fee" not a "fine" hence not entitled to be reviewed by a committee and it surely seems like a fine to me but they have twisted the words to avoid this clause it seems.

My question to you is:
a) How would you differentiate between a "fee" and a "fine", just making the words change qualify it as a fee?
b) Even if it was a "fee", shouldn't there be a provision for such "fee" in the bylaws and it should have been spelled out (which it is not)?.

Thanks
What do the covenants and restrictions say about "fees". And yes, they are trying to bypass the process. Unfortunately, in Florida, there isn't much oversight to HOAs.
 

acgandhi

Junior Member
What do the covenants and restrictions say about "fees". And yes, they are trying to bypass the process. Unfortunately, in Florida, there isn't much oversight to HOAs.
The covenants and bylaws just talks about late charges and administrative/processing costs thereof on annual assessment and attorney's fee in case a civil action is pursued.
 

csi7

Senior Member
My suggestion is to submit, in writing, to each individual board member, your question, your concern, and request written responses from each board member.

Then, you will have a document trail (use certified return receipt mail signature) to show your efforts to successfully resolve this issue.

This may be all you need to do to get it resolved.
 

jiggy78

Member
A fee is something you agree to pay in exchange for something you want, like to rent a building for a party.

A fine is something you are assessed because you committed some violation.

The President is off his rocker. This is clearly a fine.
 

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