Mirimar Arms Condominiums
Fining Committee
The only way the board can effectively enforce the rules and regulations it has put in place is by having a fining committee. This means community involvement. This means YOU.
The fining committee for Mirimar Arms exists per Florida Statute to serve as a check and balance to the board. It is composed of THREE (3) members of the association. A member is anyone who owns a unit in Mirimar Arms.
One point that has been brought up needs to be clarified. The fining committee is not in any way responsible for the enforcement of anything. The fining committee does not walk the property looking for problems or turn in their neighbors. They are there only in the event that a unit owner challenges a fine that has been placed by the Board.
OK, So What Does The Fining Committee Do?
- Let's say the board has reached the point where they are ready to start fining an owner for the infractions being committed by the unit occupants. (Maybe the unit occupants are the owners themselves, or maybe the unit occupants are renters. Either way, it is the owner who is responsible for the infractions and the fines.)
- The owner has received notice of the board's intent to fine them for the infractions and violations.
- The owner feels that the fining actions of the board are unwarranted, and wants to plead their case before the fining committee.
- The fining committee then schedules a hearing for the owner to plead their case in order to avoid paying the fines.
- If the fining committee rules in favor of the unit owner, this serves as simply a recommendation to the Board to drop the fines. This Board is not obligated to agree with the findings of the Fining Committee. However, in court, this Fining Committee ruling will help the unit owner defense.
- If the committee rules in favor of the board, the unit owner either pays the fines, or the association has to get their lawyer involved and take the owner to court to force the owner to pay the fines. Keep in mind that all legal costs associated with collecting fines and fees are the responsibility of the unit owner who is being fined, once they lose. We have one of the top Association legal firms in Florida on retainer, and they would love to collect extra money by going to court for something easy like enforcing the collection of fines.
Who Is NOT ELIGIBLE To Serve On The Fining Committee?
- No current board member can serve on the fining committee.
- No spouse, relative or cohabitating adult of any current board member can serve on the fining committee, unless an additional unit is owned for each relation of that current board member. So if a husband and wife co-own 2 units in a condominium, one can serve on the board and the other can serve on the fining committee.
Who CAN Serve On The Fining Committee?
- Any owner that is not excluded by the above can serve on the fining committee. It doesn't matter if you lease out your unit. It doesn't matter if it is a part-time vacation unit. It doesn't matter if you are only in the country for one hour per year. If you are an eligible owner, you can serve on the fining committee.
Please send any comments, questions or suggestions to webmaster@mirimararms.com