Among the duties of the Board of Directors ("Board") of Miami lakes lake Martha Homeowners' Association, Inc. ("Association") is the obligation to enforce the provisions contained in the Association's covenants and restrictions ("Declaration"), By-laws, Articles of Incorporation and any rules or regulations which the Association may adopt from time to time (collectively referred to as the "Governing Documents"). Article VII of the Association's By-laws provides that the Association shall have the right to assess fines against a property, its owner, occupant, licensee, or invitee, for failure to comply with any covenant, restriction, rule or regulation of the Association. By properly enforcing the Association's covenants and restrictions, the Board is better able to promote the maintenance, safety and esthetic standards of the community. 

Accordingly, pursuant to the provisions of the Association's By-laws, the following fining policy ("Fining Policy") is being promulgated to more effectively enforce the provisions of the Association's Governing Documents. 

  1. The Board of Directors ("Board") shall appoint a covenants enforcement committee ("Enforcement Committee") which shall be charged with determining whether there is probable cause that any of the provisions of the Association's Governing Documents have been violated, and which shall conduct hearings and render decisions with regard to the levying of fines as herein provided. 

    The Enforcement Committee shall consist of not less than three (3) owners other than members of 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 of the Association.

  2. As part of the Fining Policy, the Association will notify individuals (and the owner of the property which that individual occupies, if that individual is not the owner), in writing, of any alleged violation. If the alleged violation is not cured within seven (7) days of the date of said letter, the alleged violator shall be sent a second notice advising him of a hearing before the Enforcement Committee. The notice shall specify the nature of the alleged violation, a statement of the provisions of the Governing Documents which have been violated, and a statement of the matters asserted by the Association. The notice shall also specify, and it is hereby provided, that a fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that fines shall not exceed $100 per violation and $1000 in the aggregate. The notice shall further specify, and it is hereby provided, that in lieu of a hearing, the alleged violator or owner may respond to the notice within fourteen (14) days of its sending, acknowledging in writing that the violation occurred as alleged and promising that it will cease within a specific time agreed to by the Board and will not recur. Such acknowledgment and promise, and performance in accordance therewith, shall terminate further enforcement activity by the Association with regard to the violation, including the levying of any fine.
  3. The Enforcement Committee shall hold a hearing not less than fourteen (14) days after providing written notice of the date, time and place of the hearing. The Enforcement Committee shall hear any defense to the alleged violations, including any witnesses for the alleged violator, the owner, or the Enforcement Committee, and shall receive evidence and written or oral argument from the alleged violator on all issues involved or on any material considered by the Enforcement Committee. 

  4. Subsequent to any hearing, the Enforcement Committee shall determine whether there is sufficient evidence to substantiate a violation or violations. If a majority of the Enforcement Committee determines there is sufficient evidence to substantiate a violation, it shall notify the Board, and may recommend that a fine be levied for each violation. If a majority of the Enforcement Committee determines there is insufficient evidence to substantiate a violation, it shall terminate the proceedings. Any decision of the Enforcement Committee shall be made a part of the minutes of the meeting, and the amount of any fine recommended by the Enforcement Committee must be approved by a majority of the Enforcement Committee's members.

  5. If the Enforcement Committee recommends that the Board levy a fine, the Board shall, at a duly called meeting, and by vote of a majority, either approve the fine, reduce the fine or waive the fine, but may not increase the fine or receive additional statements or arguments with regard thereto.

  6. Any fine shall be assessed against the property which the violator occupied at the time of the violation, whether or not the violator is an owner of that property. and shall be due and payable within 5 days from the date the fine is levied. Nothing herein shall be construed to interfere with any right that an owner may have to obtain from a violator occupying his property payment in the amount of any fines assessed against the property.

  7. Further, nothing herein shall be construed as a prohibition or limitation of the right of the Board to pursue other means to enforce the provisions of the various Association governing documents, including but not limited to mediation, arbitration, or legal action for damages and or injunctive relief.