Florida’s lawmakers "tweaked" the provisions relating to ROC "fining committees" during the recent legislative session in Tallahassee. In summary, condominium associations, cooperative associations, and mandatory homeowners’ associations now follow a similar process:
- The revisions now clarify that it is the "board of administration" (which most ROC’s refer to as the Board of Directors) that imposes the fine or suspension
- However, the fine or suspension levied by the Board may not be imposed unless the Board first provides at least 14 days’ written notice and an opportunity for a hearing to the unit or parcel owner (and, if applicable, the occupant, licensee or invitee of the unit or parcel)
- This hearing must be held before a "fining committee" of unit owners (or association members in mandatory HOA’s). The legislative revisions to the cooperative laws added a provision that prohibits board members and persons residing in the home of a board member from serving on this fining committee. This restriction has existed for "fining committees" in condominium associations for a number of years. The restrictions on persons who can comprise the fining committee in a mandatory homeowners’ association are somewhat more expansive.
- Finally, there is a new statement in the provisions governing fining committees in all three types of associations that the role of the fining committee "is limited to determining whether to confirm or reject the fine or suspension levied by the board".
I’m posting a link to HB 791 for those of my blog followers who wish to review these changes and well as others that I will be discussing in future entries.
All of these revisions become effective in just a few weeks–on July 1, 2015.
I hope all of you are enjoying the "off season" whether you are up North or remaining in the Sunshine State for the summer.