The Association Property Manager enforces Southwind Rules.
Southwind policy encourages the Property Manager to work with the residents to the extent possible. A resident/owner will always receive at least one courtesy notice of a violation. If the issue prevails, the next step is a written warning from the Property Manager. If the problem remains unresolved, the property manager recommends the board consider a fine under Florida law. Fines are $100 per violation, with a $1000 cap under current law. The Association Attorney will file a lien on the property at this point.
???? The Fining Procedure
If a resident is suspected of a covenant violation (such as unauthorized landscaping or gate tailgating), the process generally follows these steps:
Courtesy & Warning Notices: Southwind policy typically starts with one or more courtesy notices. If the issue isn't fixed, the Property Manager issues a formal written warning.
Board Levy: If the violation continues, the Board of Directors "levies" (proposes) a fine at a properly noticed board meeting.
14-Day Notice: Florida law requires the association to provide at least 14 days' written notice of the owner's right to a hearing before an impartial committee.
The Hearing Committee: This committee must consist of at least three members who are not board members, employees, or relatives of any board member. Their role is strictly to confirm or reject the fine; they cannot modify the amount.
Final Decision: If the committee approves the fine, they must provide written notice of the findings within 7 days. The fine then becomes due at least 30 days after this final notice.
???? Fine Amounts & Limits
Standard Fine: Typically $100 per violation. For a "continuing violation", the penalty is $100 per day, typically capped at $1,000 in total.
Gate Violations: Southwind imposes tiered fines for security breaches, including $ 1000 or more for gate damage or other violations.
Liens: Under Florida law, a fine under $1,000 does not create a lien against your property. However, once it reaches the $1,000 threshold, the association may have the right to file a lien, provided the governing documents permit it.
Residents may report covenants and rule violations to the association manager. Your concerns will be handled in strict confidence.
