Wekiva Hunt Club Community Association










CHAPTER13 - ARCHITECTURAL REVIEW,

INFRACTION ENFORCEMENT AND
FINES, SUSPENSIONS AND OTHER REMEDIES

13.01   AUTHORITY OF ARCHITECTURAL CONTROL COMMITTEE

A.         ARCHITECTURAL REVIEW:

            The primary duty of the Architectural Control Committee (ACC) is to undertake the
architectural review obligations dictated by the Declaration.  This is stated as follows:

ARTICLE V

ARCHITECTURAL CONTROL

            Section 1. Architectural Control Committee. No building, fence, wall or other structure shall be commenced erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and locations of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee, composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.

B.         INFRACTION ENFORCEMENT:

            The authority to inspect, review and report to the Board all infractions of this Code, the Declaration of Covenants, Conditions and Restrictions for Wekiva Hunt Club, any supplements or amendments thereto and the Articles of Incorporation and Bylaws of the Association shall be vested in the Covenants Enforcement Committee (CEC). However, the Architectural Control Committee (“ACC”) shall be primarily responsible for enforcing the architectural approval process, as provided in the Declaration.

13.02   LIMITATION ON AUTHORITY - Notwithstanding the authority granted in Section 13.01, the Board shall retain exclusive authority to institute any administrative or legal action against any violating homeowner and the Board shall retain authority to override all decisions of the Architectural Control Committee. 

A.         Unless otherwise specifically stated to the contrary, these rules do not apply to fines or suspension imposed due to a delinquency in the payment of assessments or other financial obligation due to the Association.

B.         The Board’s authority to levy fines and suspensions shall extend to the homeowner and to the owner’s tenant, guest, or invitees in appropriate cases.  Persons subject to potential fines or suspensions are collectively referred to in these rules as “violators.”

13.03   APPLICATION PROCEDURE FOR ARCHITECTURAL APPROVALS - All applications to the Architectural Control Committee for architectural approval shall be governed by the following:

A.         All applications shall be submitted on an approved form which shall be available from the property manager. Upon completion, the form, and any attachments thereto, shall be submitted to the property manager for transmittal to the Architectural Control Committee;

B.         All improvements must be completed within 30 days from the date of the Architectural Control Committee's approval date; if changes cannot be completed within the allotted time the homeowner must submit a written request for an extension and obtain from the Architectural Control Committee a written approval for the extension.

C.        In the event that any proposed building, fence, wall, structure or improvement which is subject to the Architectural Control Committee's approval pursuant to the Declaration or this Code, is to be constructed in close proximity to any easement areas or upon an easement" (as provided on any plat or in any Declaration), the Architectural Control Committee or the Board shall have the authority to require the party requesting approval to take any of the following actions before considering the proposed plans for approval or disapproval:

1.         Provide the Architectural Control Committee with a sealed survey of the subject property, prepared by a surveyor licensed in the State of Florida, depicting the exact location of the improvement in relation to the easement area;

2.         Employ a surveyor licensed in the State of Florida to place metal surveying stakes on the subject property directly upon, and indicating, the exact location of any easement areas.

D.        In accordance with Article VIII, Section 11 of the Declaration, in the event the Architectural Control Committee approves any structure or landscaping over an easement area, it is with the complete acknowledgment and understanding of the homeowner that if the easement is ever needed by the holder of the easement, such as a utility company (to include but not be limited to gas, electric, water, communications) as well as for sidewalks or by both county and the Association, the homeowner will be responsible for removal and replacement of structures or greenery at the homeowners' sole expense.

13.04   INFRACTION ENFORCEMENT PROCEDURES - To implement the infraction enforcement powers granted in 13.01 B above, the Board and the ACC (as to violations of the architectural approval process) and the Covenant Enforcement Committee (“CEC”) (as to all covenant and rule violations) shall attempt to observe the following procedures whenever possible:

A.         ADMINISTRATIVE PROCEDURES:

1.         When the Board, the ACC or the CEC become aware of an infraction, the ACC or the CEC may first attempt a telephone call to the alleged violator to verify the infraction and attempt to obtain voluntary compliance. If no phone call is made the ACC or the CEC shall have the management company send a letter to the violator, requesting compliance. This letter shall be sent by regular mail only or by email.

2.         If the infraction is not remedied within a reasonable period of time as set by the ACC or the CEC, the ACC or the CEC shall have the management company send a second letter to the violator. This second letter shall be stronger in its terms, shall set forth a final compliance date, and shall indicate the possible penalties which will result from such non-compliance including a statement concerning the fining system. This letter shall be sent by both certified and regular mail.

3.         If the infraction is not remedied on or before the date designated in the second letter, the ACC or the CEC shall determine at a duly constituted ACC or the CEC meeting which action it deems appropriate. This action can include, but is not limited to:

a.         Direct that further administrative attempts be made to obtain voluntary compliance, such as further letters, telephone calls and personal visits.

b.         Vote to submit the matter to the Board for the possible imposition of a fine as provided in paragraph B below

c.         Vote to recommend to the Board that the matter go directly to mandatory presuit mediation and ultimately to litigation if mediation is not successful.

B.         FINES AND SUSPENSION OF USE RIGHTS/POWER AND STATUTORY PROVISIONS:

1.         POWER TO FINE:

 

            On April 18, 1994 the members of the Wekiva Hunt Club Community Association, Inc. amended its Bylaws to permit the imposition of fines against its members for the violation of any

Wekiva documents. On April 28, 2016, the members of the Association again voted to amend Article XV of the Bylaws to update the fining system to make it consistent with  Section 720.305, Fla. Stat., as same then exists, or as it may be changed in the future. These amendments permit the Board to adopt rules relating to the actual operation of the fining system.

2.         POWER TO SUSPEND USE RIGHTS/INCORPORATION OF THE GOVERNING DOCUMENTS INTO THE WEKIVA CODE:

            Article II of the Declaration allows the Association to suspend the rights of an owner to use Wekiva's recreational facilities for any period during which any assessment remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations.  For the purposes of this suspension power, the terms and conditions of all Wekiva Declarations, and the Articles of Incorporation and Bylaws of the Association and all amendments thereto are incorporated into and made a part of this Wekiva Code. The right to suspend shall be exercised in a manner consistent with provisions of applicable law, as it may exist from time to time, specifically Section 720.305, Fla. Stat. These rules will follow Article II of the Declaration regarding suspensions to the extent that Article II is not inconsistent with Section 720.305, Fla. Stat.

3.         STATUTORY PROVISIONS:

            Subsections 720.305(2),(5) and (6) Florida Statutes provide in relevant part as follows:

(2) The association may levy reasonable fines. A fine may not exceed $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association unless otherwise provided in the governing documents. A fine may be levied by the board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to reasonable attorney fees and costs from the nonprevailing party as determined by the court.

(a) An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

(b) A fine or suspension may not be imposed by the board of administration without at least 14 days’ notice to the person 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, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the board of administration imposes a fine or suspension, the association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any tenant, licensee, or invitee of the parcel owner.

(5) All suspensions imposed pursuant to subsection (3).... must be approved at a properly noticed board meeting. Upon approval, the association must notify the parcel owner and, if applicable, the parcel’s occupant, licensee, or invitee by mail or hand delivery.

(6) The suspensions permitted by paragraph (2)(a) .... apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the .... failure that resulted in the suspension arose from less than all of the multiple parcels owned by a member.

C.        APPOINTMENT AND ROLE OF IMPARTIAL  "COVENANT COMPLIANCE COMMITTEE":

 

            Except for the non-payment of assessments and for violations in commercial areas as discussed below, pursuant to Subsection 720.305(2), the Board of Directors shall appoint an impartial committee to be known as the ”Covenant Compliance Committee" (CCC). This function of this committee is to determine if fines and/or suspensions imposed by the Board of Directors for violations of this Code, the Declaration of Covenants, Conditions and Restrictions for Wekiva Hunt Club, any supplements or amendments thereof and the Articles of Incorporation and Bylaws of the Association shall be confirmed or rejected.  To the extent possible the CCC shall hold joint hearings with the Board of Directors for timing and convenience, so that it shall hear the same information, testimony and evidence as to Board of Directors. If a fine or suspension is imposed by the Board, then the CCC shall then and there deliberate and determine whether the fine or suspension imposed by the board is to be confirmed or rejected.   If the fine or suspension imposed by the Board is confirmed, then the fine or suspension shall stand.  If a fine or suspension imposed by the board is rejected, then no fine or suspension shall be valid.  In the event that the Board and the CCC fail to hold a joint hearing on the same violation, then following a separate fourteen (14) day notice to the alleged violator, conforming in all respects to the requirements for notice of a Board hearing, the CCC shall be obligated to hold a separate hearing to determine whether to confirm or reject any fine or suspension imposed by the Board.

            The CCC shall be composed of at least three members of the Association appointed by the  Board of Directors who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employees of the Association.  For continuity purposes, and to the extent possible, the Board shall appoint committee members for staggered two-year terms. However, all committee members shall serve at the pleasure of the Board of Directors and may be removed with or without cause by the Board at any time.

D.        RULES FOR THE IMPOSITION OF SUSPENSIONS AND FINES BY THE BOARD OF DIRECTORS:

            Except for the non-payment of assessments and for violations in commercial areas as discussed below, the rules, which should be followed for the imposition of suspensions and fines if possible, are:

1.         No suspensions or fines shall be imposed until after the administrative procedures outlined in section 13.04A above are completed.

2.         As to each possible suspension or fining event the ACC or the CEC  shall make a written report and recommendation to the Board. All such reports must, at a minimum contain the following information:

a.         The name of the owner/violator (if different);

b.         The address of the infraction location.

c.         A brief description of the infraction, along with the citation of the section(s) of the appropriate document(s) that has been violated.

d.         Any other information deemed important by the ACC or the CEC, such as photographs, eye witness statements, ACC applications and other submissions, warning letters and responses, inspection reports and   contemporaneous written narrative summaries of conversations.

3.         If the alleged violator is involved in multiple infractions, then the ACC or the CEC may consolidate all information into one report.

4.         A representative of the ACC or CEC or a designee of either, such as the community association manager, shall present these reports to the Board at duly constituted Board meetings and shall be prepared to answer any preliminary questions that may arise at that time.  The ACC or the CEC representative shall be prepared with a recommendation from the ACC or the CEC as to the appropriate enforcement mechanism to be used, i.e.  fining, suspension, pre-suit mediation, or other suggestions.

5.         If, at the conclusion of the preliminary presentation the Board believes that the reported infraction exists, and accepts a recommendation that a fine or suspension be imposed, or if the Board on its own initiative believes that a suspension(s) and/or fine(s), be imposed against the violating party then the Board shall direct that a minimum fourteen (14) day notice of a hearing be sent to each alleged violator.

6.         The Board shall then notify the violator(s) in writing of the alleged infraction(s) and of the proposed suspension(s) and/or fine(s). It shall also notify the violator(s) that a joint hearing of the Board and the impartial CCC will be held concerning the same. The notice shall include the alleged infraction(s), the date, time and place that the hearing will be held and an announcement that the violator may appear at such hearing to address the issue. The notice shall describe the role of the Board and the CCC. The notice shall be served on the Owner by certified and regular mail at least fourteen (14) days prior to such joint hearing. Service shall be completed upon the depositing of the notice in an official postal depository, postage prepaid.

 Additional provisions concerning the power of the Board are as follows:

a.         The Board may not propose a fine in excess of $100.00 per person, per violation. However, for violations of a continuing nature, such fine may be proposed on the basis of each day of such continuing violation as long as such proposed fine does not exceed $100 per day, not to exceed $2500.00 in the aggregate.

b.         The Board may not propose a suspension in excess of sixty (60) days per violation.

c.         The Board may propose a fine or a suspension or both a fine and a suspension for each violation.

d.         Because the above suspensions and fines are based on individual infractions, the Board may propose multiple suspensions and fines if multiple infractions are found to exist.

e.         The Board reserves the right, but not the duty, to prepare a schedule of suspensions and fines for particular violations.

f.          The Board also reserves the right, but not the duty, to propose suspensions and fines and then suspend the same upon condition of compliance or because compliance had occurred prior to the presentation.

7.         At the appointed place and time, a full joint hearing shall be held before the Board and the impartial Covenant Compliance Committee concerning the alleged infraction(s) and the proposed suspension(s) and/or fine(s). An ACC or CEC representative shall present evidence reflecting that the proper notice was served on the violator(s), and shall then present the case to the Board and the CCC. The violator(s) may represent him - her - or their selves or shall have the right to be represented by counsel at the hearing. Both the ACC or the CEC representative and the violator(s) shall have the right to present such evidence as they deem appropriate and may present and cross examine witnesses. The members of the Board and CCC shall have the right to ask questions.

8.         Multiple infractions by the same violator may be discussed at the same hearing.

9.         Strict rules of evidence shall not be required, however, the Board shall comply with such standards that will ensure due process and fair play.

10.       The Board has the right to continue any hearing for such periods of time that it deems necessary in order to ensure that full information is presented upon which to make a decision. Appropriate notices of such continuances must be given to the violator(s).

11.       If notice is given as required above the failure of a violator to appear at the hearing shall in no way impede the completion of the hearing.

12.       If, after a full hearing, the Board does not approve a proposed suspension and/or fine by majority vote, then such suspension and/or fine shall not be imposed and the joint hearing shall conclude with no further action needed by the CCC.

13.       For multiple violations, the Board may impose some suspensions and/or fines and refuse to impose other suspensions and/or fines.

14.       If, after a full hearing, the Board, by majority vote, determines that the infraction or infractions has occurred, then the suspension and/or fine proposed by the Board will be subject to immediate review by the CCC.

15.       It shall be the duty of the CCC to separately confirm or reject each fine or suspension imposed by the Board.  The CCC shall have no authority to modify any fine or suspension or otherwise vary the terms imposed by the Board.  In the event that the Board elects to suspend a fine or suspension upon condition of compliance or because compliance has occurred, then the CCC may defer its decision to confirm or reject the fine or suspension if and only if the violator agrees in writing to the deferment of action by the CCC, otherwise, the CCC shall perform its duty and act to confirm or reject the action of the Board at the time of the Board’s initial decision. If the CCC confirms the Board’s decision, it shall do so subject to any suspension or condition of compliance (or because compliance has occurred) that the Board has established.

16.       All decisions of the CCC confirming suspensions and/or fines imposed by the Board shall be reported in the official minutes and must be sent to the violator(s) by certified and regular mail.

E.       FINES AND SUSPENSIONS FOR THE NON-PAYMENT OF ASSESSMENTS:

Notwithstanding the above, suspensions and/or fines for the non-payment of assessments and other monetary obligations due to the Association may be imposed by the Board of Directors in conformance with the terms of Article II of the Declaration and the Bylaws amendment dated April 28, 2016 as superseded by Section 720. 305, Fla. Stat. and shall not be submitted to the impartial Covenant Compliance Committee for review and action. As provided in Subsections 720.305(3), (5) and (6), Fla. Stat.:

(3) If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection.

(5) All suspensions imposed pursuant to subsection (3) .... must be approved at a properly noticed board meeting. Upon approval, the association must notify the parcel owner and, if applicable, the parcel’s occupant, licensee, or invitee by mail or hand delivery.

(6) The suspensions permitted by paragraph....subsections (3).... apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple parcels owned by a member.

            Fines and suspensions for delinquent monetary obligations may be imposed by the Board of Directors at a duly called and noticed meeting of the Board.  Upon the levying of a fine or imposition of a suspension, notice of same shall be promptly given to the property owner and in appropriate cases other violator(s) by mail or hand delivery.

F.         FINES AND SUSPENSIONS FOR VIOLATIONS IN COMMERCIAL AREAS:

            Notwithstanding the above, suspensions and/or fines to be imposed for violations in the commercial areas of Wekiva shall be imposed by the Board of Directors in conformance with the terms of Article II of the Declaration and the Bylaws amendment dated April 28, 2016 and shall not be submitted to the impartial Covenant Compliance Committee for review and action. No such suspension or fine may be imposed until the person who is to be fined or whose use rights are to be suspended is afforded the opportunity of a hearing before the Board. Notice of such hearing shall be given in the same manner as is provided for in paragraph D6 above.

G.        COLLECTION OF FINES:

Fines imposed hereunder shall be deemed an indebtedness due the Association from the violator against whom it is imposed, which shall bear interest at the highest lawful rate until paid.  The Association may collect said fine(s) using any method permitted by law or in equity, including but not limited to those remedies afforded the Association under Article IV, Sections 1 and 8 and Article VII of the Declaration. Should it be necessary for the Association to employ an attorney to collect such indebtedness, in addition to such interest, the Association shall be entitled to recover the costs and expenses thereof, together with a reasonable attorney's fee, pursuant to the Bylaws as amended on dated April 28, 2016.

H.        ENFORCEMENT OF SUSPENSION:

The Association may enforce any suspension imposed hereunder using any and all available legal and equitable remedies. Should it be necessary for the Association to employ an attorney to enforce such suspension, the Association shall be entitled to recover the costs and expenses thereof from the defaulting party, together with a reasonable attorney's fee, pursuant to Section 720.305, Florida Statutes.

I.          ADDITIONAL REMEDIES:

             The foregoing rights and remedies afforded to the Association shall not be exclusive, but shall be cumulative and in addition to all other legal and equitable rights and remedies available to the Association, specifically including mandatory presuit mediation pursuant to Section 720.311, Fla. Stat. which is a viable, affordable and successful means of enforcement of covenants and rules in homeowner associations throughout Florida.  The Association shall carefully consider this as a means of enforcement, both when recommended by the ACC or the CEC and as an independent means of enforcement in lieu of or in addition to fining and/or suspension of voting and common area use rights. The process to be used for mandatory presuit mediation shall be a set forth in the statute.

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