Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-21 - CONDOMINIUM RESOLUTION GUIDELINES FOR UNIT OWNER CONTROLLED ASSOCIATIONS › Section 61B-21.002 - Minor Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) The minor
				violation process, as detailed in this rule chapter, is only applicable to unit
				owner controlled associations.
(2)
				If the division has reasonable cause to believe that a minor violation has
				occurred, a Notice of Noncompliance will be sent to the association. The Notice
				of Noncompliance shall provide the association with a reasonable period of time
				to comply with the rule. The Notice of Noncompliance shall identify the
				violation and provide an investigator's contact telephone number and email
				address so that the association may contact the division to obtain educational
				assistance or an educational conference. The association is solely responsible
				for achieving compliance. Failure to fully comply with a Notice of
				Noncompliance will lead to further enforcement action as permitted by law. The
				Notice of Noncompliance shall not be considered final agency action.
(3) The division will notify the complainant
				of the resolution of the complaint, or if applicable, alternative dispute
				resolution options.
(4) The
				following violations shall be considered minor violations for which a Notice of
				Noncomplaince shall be issued:
Category
Statute or Rule
Description of
							 Conduct/Violation
Budgets
61B-22.003(1)(b),
							 F.A.C.
Failure to disclose the beginning and ending dates of
							 the period covered by the proposed budget.
Budgets
61B-22.003(1)(c),
							 F.A.C.
Failure to disclose periodic assessments for each
							 unit type in the proposed budget.
Elections
61B-23.0021(7),
							 F.A.C.
Distributing candidate information sheets consisting
							 of more than one page.
Elections
61B-23.0021(9),
							 F.A.C.
Ballot does not list candidates alphabetically by
							 surname.
Elections
61B-23.0021(10)(b),
							 F.A.C.
Outer envelope information verified before the date
							 of the election.
Reporting
61B-22.006(3)(a)
							 5., 6., F.A.C.
Failure to disclose the amount required to fully fund
							 each reserve account as of the end of the fiscal period covered by the annual
							 financial statements; and the manner by which reserve items were estimated
							 and/or the date the estimates were last made in the annual financial statements
							 or turnover audit. Failure to disclose in the year-end financial statements the
							 manner by which reserve items were estimated and/or the date the estimates were
							 last made.
Reporting
61B-22.006(3)(b),
							 (c), F.A.C.
Failure to disclose the method of allocating income
							 and expenses in the annual financial statements or turnover audit.
(5)
				Upon a determination of an association's failure to comply with a Notice of
				Noncompliance, an enforcement action shall be taken in which the division shall
				impose a civil penalty between $5 and $10, per unit, for each minor violation.
				The penalty will be assessed beginning with the middle of the specified range
				and adjusted either up or down based upon any aggravating or accepted
				mitigating circumstances, pursuant to subsection
				61B-21.003(3),
				F.A.C. The minimum total penalty to be assessed shall be calculated according
				to these guidelines or $500, whichever amount is greater. In no event shall a
				penalty of more than $2, 500 the statutory maxium for a single minor violation.
				The guidelines in this rule chapter are based upon a single count violation of
				each provision listed. Multiple counts of the violated provision or a
				combination of the listed violations will be added together to determine an
				overall total penalty. Nothing in this rule chapter shall limit the ability of
				the division to informally dispose of administrative actions or complaints by
				stipulation, settlement agreement, or consent order. Nothing in this rule
				chapter shall limit the division's ability to seek judicial enforcement and
				remedies through the courts. The provisions of this rule chapter shall not be
				construed so as to prohibit or limit any other adminitrative, civil, or
				criminal action that may be brought, including notices to cease and
				desist.
Rulemaking Authority 718.501(1)(d)6., (f) FS. Law
					 Implemented 120.695, 718.501(1)(d)6., (k)
					 FS.
New 6-4-98, Amended
					 12-5-18.