My HOA is imposing fines on me for a first offense with no written warning. My Uhaul was parked at my front door for loading.

Asked 6 months ago - Santa Rosa Beach, FL

First of all, the HOA board is not professional, nor is the CAM. They are all friends and they Rule!
I was sent a letter informing me a fine was going to be imposed on me for the parking violation. My front door is not near my driveway but on the side of my house. It was parked there for about 1.5 hour. My movers, friends, were loading the truck when the CAM pulled up (didn't identify herself), and demanded to move the truck now! My friends said as soon as they were done securing the load they would move. She yelled the same again. Friend told her to call the police. End of event until I received the notice of fining. I have requested a hearing to present
my defense. There are no fine amounts established or committee established. Shouldn't both have been done prior to any fine?

Attorney answers (2)

  1. Barbara Billiot Stage

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Neither the board nor the CAM can impose a fine. The statutory procedures require the HOA to send you notice of the intent to hold a hearing for a committee to consider the fine and only the committee can impose the fine. The notice must be given 14 days prior to the hearing and the HOA needs to have the hearing even if you don't want to attend.

    You can file a complaint against the CAM with the Department of Business & Professional Regulation at the link below. The CAM should know better.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more
  2. Alberto Marino Quirantes Jr.

    Pro

    Contributor Level 18

    Answered . I agree with Ms. Stage. I only write to add that you should read your condo documents carefully as well for you agreed to whatever is in there when you signed and bought your property. It's a contract and they can do some pretty nasty things. Also, read the Florida Condominium Act, Florida Statue 718.

    Here's an easy link: http://www.flsenate.gov/Laws/Statutes/2012/Chap...

    If all else fails, file your complaint against the CAM, ask for a hearing and after all that: GET EVEN, RUN FOR THE BOARD!

    The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law... more

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