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Posted: 8/15/2007 9:54:26 AM EDT
I seem to have discovered a loophole although I would be very surprised if my assertions are correct, so please let me know if I'm right or wrong.

First, Here is a link to the Florida Statute which I will be referencing. You don't have to look at it now. It's just there for reference.
www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0718/SEC303.HTM&Title=->2007->Ch0718->Section%20303#0718.303

Here is the interesting part. Accroding to this statute...


(3) If the declaration or bylaws so provide, the association may levy reasonable fines against a unit 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. No fine will become a lien against a unit. No fine may exceed $100 per violation. However, a fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, provided that no such fine shall in the aggregate exceed $1,000. No fine may be levied except after giving reasonable notice and opportunity for a hearing to the unit owner and, if applicable, its licensee or invitee. The hearing must be held before a committee of other unit owners. If the committee does not agree with the fine, the fine may not be levied. The provisions of this subsection do not apply to unoccupied units.


So if I understand the Florida Statute correctly, given that my condo has a ‘No Dogs’ policy, if I get fined $100 for having a dog, I should not pay the fine and allow the fine to accrue to $1000 after which no other additional fines can be imposed for having a dog. Furthermore, the condo cannot put a lien against my property or any other legal consequences as a result of my violating the ‘no dog’ policy. Then I wouldn’t have to hide the dog anymore and I can just walk in and out of the building without fear of being fined for having a dog. What recourse if any do they have for not collecting the fines from me?

Another consideration would be what if I get fined $100 for violating the ‘No Dog’ policy and I pay the fine, would that payment apply towards the $1000 maximum aggregate payout for violating the ‘No Dog’ policy? In other words, do they only have another $900 that they can fine me for the same violation at a different time in the future or could they claim that each time a fine was issued was for a different violation?

I realize that violating the dog rule is wrong. I do not need to be told that. I am posting this thread to try and understand the law better, not to be told that I'm an @#$% for breaking the rules.

P.S. The dog in question is 5.5 lbs and does not bark. This dog has lived here for over 3 years undetected and is not a nuissance to anyone. It was detected by accident one day recently which has led to this.



Link Posted: 8/15/2007 10:04:37 AM EDT
tag This will be some good shit.
Link Posted: 8/15/2007 11:36:05 AM EDT
I just looked up the Florida Statutes for homeowners associations which is different than the Statute for condominiums. In particular, the main difference that I can see right off the bat is that the max fine shall not exceed $1000 unless otherwise provided in the governing documents.
Link Posted: 8/15/2007 7:49:29 PM EDT

Originally Posted By MightyHD:
tag This will be some good shit.


I was hoping so.
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