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
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