Roney Fining Committee

We Finally Have a Fining Committee.
Now We Need to Use It.

We Finally Have a Fining Committee. Now We Need to Use It.

After years of unchecked short-term rental (STR) violations at the Roney Palace, we have finally achieved an important step toward enforcement: the establishment of a fining committee. Now the Board needs to put that committee to work.

Our Rules and Regulations, including the 30-day minimum rental policy, are only meaningful if they are enforced. Under Florida Statute 718, owners facing fines must be afforded the opportunity for a hearing before an independent committee of at least three members who are not officers, directors, or employees of the Association. For years, the absence of this committee meant that owners violating our rental restrictions faced little consequence.

Unit owners have long advocated for meaningful enforcement, including successfully petitioning the Board to address the need for a fining committee. Its establishment is an important accomplishment, but having a committee is not the same as enforcing the rules. The Board must now take the necessary steps to ensure that violations are identified, documented, and brought through the enforcement process consistently.

We encourage all unit owners and residents to report any suspected short-term rental violations directly to Ann Keenan, General Manager of the Roney Palace. Documenting and reporting these violations is an essential first step toward meaningful enforcement and protecting the integrity of our community.

The Purpose of a Fining Committee

And why its required by Florida statute

A fining committee is a commonly used tool by an association to enforce existing rules and regulations. It is uncommon for a community the size of the Roney to not have a fining committee.

In general, the Board must follow the procedure outlined in Article Five, Section 16(f), of Roney’s Bylaws, which provides that the Board has authority to designate one or more committees which, to the extent provided in the resolution designating said committee, shall have the powers of the Board of Directors in the management and affairs and business of the association, provided, however, that the powers of a committee shall be limited, and no committee shall be entitled to assume all the powers of the Board of Directors.

A fining committee specifically shall consist of at least three (3) members of the association. A director may not serve on the fining committee. The committee shall keep regular minutes of their proceedings and report the same to the Board of Directors as required. The members serving on the committee do so at the pleasure of the Board.

How to Convene a Fining Committee:

Therefore, to establish a committee, the Board would notice and hold a Board meeting for the purpose of creating the committee and detailing what role and authority such committee will have, and thereafter appointing members to serve on the committee. The Board has full discretion to determine which members it desires to appoint to the committees. The Board may add or remove members serving on the committee at any time, with or without cause. The Board may consider volunteers for the committee and/or recruit members who the Board believes would be good candidates to serve on the committee based on their skill or expertise, etc. It is not required to hold an election to fill the seats on a committee, this is done by Board vote only.

With a Fining Committee Our Rules Will Be Properly Enforced:

Our Rules state that if a unit owner, or a unit owner’s tenant, guest, or invitee, fails to comply with any provision of the Association’s Declaration of Condominium, the Association’s Bylaws, or the Rules and Regulations of the Association, the Association may suspend, for thirty (30) days, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other Association property, including suspending any and all owner, resident, tenant, or guest access card privileges for such period of time.

Relevant Florida Statutes

Fla Stat 718.303(3)

The association may levy reasonable fines for the failure of the owner of the unit or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may not become a lien against a unit. A fine may be levied by the board on the basis of each day of a continuing violation, with a single notice and opportunity for hearing before a committee as provided in paragraph (b). However, the fine may not exceed $100 per violation, or $1,000 in the aggregate.

Fla Stat 718.303(3)(a)

(a) An association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators.

Fla Stat 718.303(3)(b)

(b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ written notice to the unit owner and, if applicable, any tenant, licensee, or invitee of the unit owner 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.... The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the committee does not approve the proposed fine or suspension by majority vote, the fine or suspension may not be imposed. If the proposed fine or suspension is approved by the committee, the fine payment is due 5 days after notice of the approved fine is provided to the unit owner..

Do you want to serve on the Fining Committee?

Get in touch so we can start working together.