Fining Review Committee

DRAFT Committee Charter

1. Purpose

The purpose of the Fining Committee (“Committee”) is to provide the independent review required by Florida Statute Chapter 720 before the Association may impose certain fines or suspensions for violations of the governing documents.

2. Statutory Authority

This Committee is established pursuant to Florida Statute §720.305, which requires that a committee of at least three (3) members who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother, or sister of an officer, director, or employee, must approve a fine or suspension at a properly noticed hearing.

3. Scope of Responsibilities

The Committee’s responsibilities are limited to:

• Holding hearings on alleged violations referred by the Board or Association management.
• Considering evidence and statements from the Association and the owner/occupant.
• Approving or rejecting proposed fines and/or use-right suspensions, as permitted by the governing documents and Florida law.
• Issuing a written decision (approval or rejection) to the Board/Management after the hearing. If the Committee does not approve the proposed fine or suspension, it may not be imposed.

4. Committee Authority & Limits

The Committee is an independent decision-making body for the limited purpose described above and:

• Does not investigate violations.
• Does not set fine amounts (amounts are based on governing documents and Board policy).
• Does not negotiate settlements unless authorized by the Board.
• Does not enforce compliance directly.

5. Membership Requirements

• Size: The Committee shall consist of at least three (3) members.
• Eligibility: Committee members may not be officers, directors, or employees of the Association, nor the spouse, parent, child, brother, or sister of an officer, director, or employee.
• Appointment & Term: Members are appointed by the Board and serve [one-year terms / until replaced]. Vacancies may be filled by Board appointment.

6. Hearing Procedures (FS 720 Requirements)

• Notice: The Association must provide the owner at least 14 days’ written notice of the hearing, including the alleged violation(s), hearing details, and proposed fine/suspension.
• Hearing Format: The owner/occupant must be given a reasonable opportunity to be heard and present information.
• Decision/Vote: A proposed fine or suspension must be approved by a majority vote of the Committee members present.
• Results: If approved, the fine/suspension may be imposed; if not approved, it may not be imposed.

7. Fines and Suspensions (General Guidance)

Fines and suspensions are subject to the governing documents and Florida law. Payment of a fine is due within five (5) days after notice of the Committee’s decision, as provided in Florida Statute §720.305.

8. Conduct, Confidentiality, and Fairness,

Committee members must remain neutral, avoid conflicts of interest, treat all parties respectfully, and focus on facts and governing documents.

9. Records

The Association will maintain records of hearing notices, evidence presented, attendance, votes, and written decisions in accordance with Florida law and Association recordkeeping requirements.

10. Coordination with Board / Management

The Board or Management refers violations to the Committee for hearing. The Committee does not provide legal advice and does not direct management actions.

11. Charter Review and Amendment

This Charter may be amended by the Board of Directors to remain consistent with Florida law and the governing documents.

Committee Documents

Click the links below to access current committee documents: