It appears that according to Jade Winds Association Rules & Regulations you can be fined for violations.
Here is a copy of the Rules & Regulation that I have in my possession. However, I am uncertain if this is the latest official rules or not. I am unaware of any other amendments, changes, versions, or revisions to these rules. If there are any changes or perhaps I am wrong somehow, please post and comment so that I may update as needed. In fact, please assume I am completely wrong and go verify all this for yourself. No one can best serve your interest better than yourself.
With that said, this is what I have gathered and am willing to share thus far:
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| "Fines" in JWA Rules and Regulations The JWARR section, E. Fines, begins with, |
"In line with section 718.303 of the Florida Statutes..." and then goes on to state what you see in document above which appears to be from the statute cited.
But let's see what would also be in line with FS718.303:
Click Here for Link to FS718.303
The JWARR failed to include the whole of FS718.303, but particularly and probably most importantly, in regards to this matter, is what is written on page 2 of 2 below, paragraph (b) where it states the following:
(b) A fine or suspension may not be imposed unless the association first provides at least 14 days’ written notice and an opportunity for a hearing to the unit owner and, if applicable, its occupant, licensee, or invitee. The hearing must be held before a committee of other unit owners who are neither board members nor persons residing in a board member’s household. If the committee does not agree, the fine or suspension may not be imposed.
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| Florida Statue governing imposition of fines by condo associations. |
Again:
(b) A fine or suspension MAY NOT be imposed UNLESS the association FIRST provides at least 14 days’ written notice and an opportunity for a HEARING to the unit owner and, if applicable, its occupant, licensee, or invitee. The hearing MUST be held before a COMMITTEE of other unit owners who are neither board members nor persons residing in a board member’s household. If the committee does not agree, the FINE or suspension MAY NOT be imposed.
So ask yourself, "Is this Association keeping in line with FS718.303?"
I think not. What says you?
The JWARR must be revisited and revised to best serve the interest of us, the unit owners. We are the members of this association that the board and management have a fiduciary duty to serve and manage.
Now what?
Residents of Jade Winds:
ReplyDeleteIf you received the letter regarding "violations" please disregard it. DO NOT PAY the $100 per supposed violations. The association can not fine us for exercising our rights. It is unprofessional for the association to send a letter with a signature and no printed name of who signed it . They are treating us as second class citizens and name calling us. In addition, they CAN NOT PUT A LIEN ON YOUR UNITS OR USE THESE FINES AS A TOOL TO PROHIBIT YOUR RIGHTS TO ENTER THE COMPLEX. As stated above, you must demand a hearing and written a 14 day notice letter. DO NOT PAY!!!
First, thanks for visiting and commenting on this blog. We need people like you to visit, read and post information. This is a community blog to express ideas and concerns about the community. Please do so responsibly and in good faith.
DeleteNow, I will not personally tell someone not to pay a fine they may have received (you are solely responsible for yourself and the decisions you make) however, I can say that I do not acknowledge these violations and these unfounded allegations and thus will not pay them for several reasons:
1. The allegation made against me are not true.
2. There has not been due process. No notice, no hearing, no formal decision by a qualified committee.
3. These fines appeared to have been arbitrarily applied and in bad faith without any rhyme or reason. Retribution perhaps?
4. Laws such as FS718.303 have been specifically put in place to prevent these abuses of power by those in positions of authority in condo living. It appears management is the judge, jury, and executioner ala Saddam Hussein or even worse Nazi Germany. Those appointed to lead appear to have no regard to the cries of the unit owners, local, state, and federal laws. It appears they have missed the point as to why people came together to protest in the first place.
5. I will not fold in fear. I will be courageous and take the necessary steps to make my point. I will study, learn, and fight for what is right. This is my home and my castle. I should be at peace instead I am at war.
This comment has been removed by a blog administrator.
ReplyDeleteYour comment was received and deleted as requested. If you want to post again and leave out your personal information please do so. I have your information and look forward to speaking with you further. Thank you for posting. Spread the word. We are not alone, nor defenseless.
DeleteI just receiced 8 violations in the mail also on our dime, i also received the letter calling unit owners illegals and hoodlums, big mistake. The office staff feels threatened let them quit, its easy to work here and do nothing all day, board of directors laughable they dont have to sit on the board for year after year,proof positive just in the common areas this place is fallibg apart from neglance.dont even need to go into a elevator to see neglance.before they recite fla state law, they should familairze themselfs
ReplyDeleteWith first services mission statenent. I try ti call and remind them but no one answeres the phone or the office is closed at noon, why we have hours of operation till 4pm, customer service we get none, were not customers we employ them!!!!!!!!
Thank you for reading and posting your comments. Please keep records and notes and evidence of all that you speak of. I agree with you 100% and that is why I am writing this blog. Keep reading and posting. We need more people involved. We need to speak with our building neighbors and get everyone involved for upcoming elections to the board and committee to help the board. This is just the first step in making that happen.
ReplyDeleteThe managment is 100 percent involved in elections, if u choose to run get your appplication in last minute and have it stamped received,the bod are hand picked by the managment beleive that,i have seen it benn done, the dissqualifacations are not in good standing,or convicted of a felony, ive seen them make up lies to keep people off the board, bottom line is they dont want good people,or anyone willing to be usefull, they want people that dont attend meetings and dont have common sence, or knodledge,makes it easier for them!! I will be running for the board lets see what road blocks they try to thow my way!!!! Logging into this blog is the most informitive forum i have even seen at jade winds and i appeeaciate the person who is taking the time ro share their knodledge thank you!!!
ReplyDeleteYes-- thanks for deciding to run for the board. We need more volunteers like you for the board and committees established to help board members carry put the best interest of the Jade Winds. We need to organize out building neighbors and make sure that each building is properly represented by people who listen to their neighbor.
ReplyDeleteYou are very welcome. I am writing this blog for people like you to show you that you are not alone, nor defenseless in dealing with problems here at the Jade Winds.
Heads up!!!!! The office has not been opened, they are collecting maintence checks in a box in the lobby!!!!!! Do not leave your checks there with out a reciept, stamped received and dated!!!!!!
ReplyDelete