When Owners Break The Rules In A Homeowners Association / Condominium Association – Covenant Enforcement

 When a violative condition is identified at an Owner’s property, notice should be immediately sent to the Owner advising them that there is a violation and the situation must be cured.  If the designated period to cure expires without the Owner complying then this violation matter should be placed on the agenda at the next Board of Directors meeting for the Board of Directors to consider imposing a fine against the Owner in the amount of $100.00 per day per violation (assuming the governing documents of the association allows for this sum), up to a maximum of $1,000.00. Also, of critical importance is whether a fine committee exists.  If not, no fines can be imposed under any condition.  If a fine committee does exist, then at a duly scheduled Board of Directors meeting the Board can decide to impose fine(s) against the Owner, or not. If the fine is imposed, then a fine committee hearing is to be scheduled to serve in an appellate capacity.  The fine committee decides either to uphold the fine as imposed by the Board of Directors or not.  For purposes of the fine committee, the Owner is to receive notice of the fine committee hearing and shall have the right to attend and present his/her side of the story.  The notice of the fine committee hearing must be sent to the affected owner at least fourteen (14) days in advance of the scheduled fine committee hearing.  If the Owner chooses not to attend, the fine committee still makes a determination to uphold the fine or not.  If upheld, then a letter is to be delivered to the offending Owner demanding payment of the fine. In addition to the fine process, the association has other remedies as well depending if it is a homeowners association or a condominium association. For condominium associations, an arbitration action can be initiated with Florida’s Division of Condominium in Tallahassee. Arbitrations can be an expensive process and should only be used in extreme circumstances of perpetual non-compliance pertaining to an important issue involving the community.  If successful in the case, the Arbitrator would issue an Order compelling the Owner to comply and awarding attorneys fees and costs to the Association to be paid by the Owner to the Association. For homeowners associations, a pre-suit statutory mediation process must be attempted before the homeowners association can file a lawsuit in Circuit Court.  If the pre-suit statutory mediation is unsuccessful or the owner refuses to participate in the mediation the homeowners association can then proceed with filing a lawsuit.  The lawsuit can be coupled with a request for an expedited hearing to obtain an injunction mandating the owner comply with the alleged broken rule/covenant, along with an award of attorneys fees and costs for the association.  There are other remedies potentially available to associations such as the suspension of use privileges, i.e., access to a gym/pool facility.  Before taking action the governing documents of the association read in conjunction with Florida’s Condominium or Homeowners Association Statute need be reviewed by association counsel in order to properly delineate the breadth of the association’s covenant enforcement rights.