Roney Fining Committee
Why We Need a Fining Committee
In order to enforce our Rules and Regulations, which include but are not limited to upholding the 30 day minimum rental policy, Florida law 718 requires the offending party be given 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. Illegal overnight rentals at the Roney are unchecked because absent a fining committee there are no consequences for unit owners who break the rules.
​​
In contending with what we believe is a non-responsive board on the issue of enforcement, unit owners have exercised their right and successfully petitioned the board to include a fining committee on the agenda. They have yet to make good on their promise to unit owners.
​Ann Keenan, the Roney Palace general manager has stressed the importance of a fining committee in order for her to effectively do her job to preserve the safety and well-being of the community. Below are excerpts from a transcript (hence the typos) of Ann Keenan speaking at a board meeting in May 2024:
​
​​​​
​
​
​
​​
​
​
​
​
​
​
The full May 2024 board meeting can be found here...
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
1
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.
2
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.
3
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.