Board Communications Condominium Governance Rules Enforcement

Lights, Camera, Action! Condo Fine Fought with TV Presentation!

C.S. from Florida writes:

Dear Mister Condo,

In the State of Florida, now the Board votes on if a unit owner should be fined for a violation and a fining and suspension committee acts as the hearing committee did in the past, giving the unit owner the chance to state their side, and the committee then decides if the fine voted on by the Board, should be upheld or if no fine is to be given. I have a Unit Owner who wants to state his side and have all of his friends give their opinion at the meeting, while also giving a TV presentation in which not all of the committee members will be able to see since they will be calling in. My question to you is can the unit owner have all of these people speak their opinion on behalf of him, and should he be allowed to give a presentation when not all of the committee members will be able to see. What exactly is the unit owner allowed to bring to this meeting or is this a place that he just pleads his case as to why he feels he shouldn’t be fined? Hope this all made sense.

Mister Condo replies:

C.S., it all makes perfect sense but what a crazy HOA and condo world we live in where unit owners feel the need to give a video presentation to defend themselves before a Board or Fining Committee. As far as friends speaking on the unit owner’s behalf, I would refer to the by-laws and any applicable state law. My guess is that one or two unit owners (neighbors) who have something of interest in the matter that will support the defense of the unit owner, it would be allowed. That being said, all participants should be kept to a timed presentation. Neither the Board nor the Fining Committee should be subject to endless banter in favor or against the fining of an individual unit owner. A complaint was made. The unit owner was notified. The unit owner appears before the governing body and either agrees a rule was broken or denies it. I would think the unit owner would not need more than two minutes to rebut the claim. Supporting unit owner testimony could easily be submitted in writing in support of the defense. I cannot see where a TV presentation is warranted although if there is a short video clip that supports the defense, I suppose it could be offered as evidence. Again, in advance of the meeting for review by the Board or Fining Committee before the meeting. Fines are not court cases. They are simply the Board administering the rules of the association as they are reported to be violated. I think this unit owner may have watched to much “Law and Order”. If the Board fines the unit owner and they disagree, they can appeal. Or they can pay their fine and move on. If they feel they have been discriminated against or treated unfairly, they have recourse through the courts. Other than that, let’s keep it simple, folks. All the best!

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