The Grand at Olde Carrollwood

GUIDELINES FOR NOTIFICATION, WARNING, AND FINING PROCESS

The following procedures will be followed once the Board and/or Property Manager either becomes aware of or is notified of a violation(s) of the Condominium Declaration, the By-Laws, the Articles of Incorporation of the Association, the rules and regulations adopted by the Board, or any other agreement, document or instrument affecting the Condominium property:

1. Each type of violation is a separate infraction and the following procedures will apply to each. A Unit Owner and Occupant, if applicable, may be fined for multiple violations at the same time.
   
2. If the Unit Owner is not the Occupant, the Association requires the Unit Owner to insure that the Occupant complies with all the above listed documents. Any fine will be levied against the Unit Owner because the Unit Owner is responsible for the actions of their tenant.
   
3. A Notification letter will be sent to the Unit Owner and Occupant, if applicable, (Occupant will be notified by posting on the Unit Door) explaining the violation which will include information concerning the specific rule infraction.

   a. Notification letter shall state the corrective action required.

   b. Notification letter will state the time allowed for the corrective action.

   c. Notification letter will state that fines will be issued if the correction action is not taken.
   
   

4. A Second Letter will be sent to the Unit Owner and Occupant, if applicable, (Occupant will be notified by posting on the Unit Door) advising that the violation has not been corrected as required by the date specified in the First Notification letter.
   
   a. Notification letter shall state the corrective action required.

   b. Notification letter will state the additional time allowed for the corrective action.

   c. Notification letter will state that fines will be issued if the appropriate correction action is not taken by the specified date.

5.  Final letter (Certified Mail Return Receipt) will be sent to the Unit Owner and Occupant, if applicable, (Occupant will be notified by posting on the Unit Door) advising that the corrective action has not occurred and the fine will commence on the third working day from the date of the Final Letter and shall continue daily, at the rate of Fifty $50.00 Dollars per day, until the State of Florida Condominium Statutes (The Act) Maximum of One Thousand $1,000.00 Dollars is reached or the date that the violation has been corrected. All fines incurred up to the date of the corrective action are due and payable to the Association.
   

   a. The Final Letter will state that the fine can be appealed to the UNIT OWNER COMMITTEE within fourteen (14) days of the initial fine.

   b. Instructions on how to appeal the fine will be included with the Final Letter.

6. In the event the fine is not paid, appealed, and/or the corrective action is not taken the entire matter will be turned over to the Association's attorney for collection which will include attorney fees and court costs.

7. In the event that the same type of violation occurs within six (6) months of the initial violation the requirement for the Second Letter will be waived.

SCHEDULE OF FINES

Under Paragraph 25.c (provided below) of the Declaration of Condominium the Board of Directors has established the following schedule of fines concerning violations of the Declaration, the By-Laws, the Articles of Incorporation of the Association, the rules and regulations adopted by the Board, or any other agreement, document or instrument affecting the Condominium Property in the manner required:

All fines are fifty (50.00) dollars per day per type of violation

DECLARATION OF CONDOMINIUM PROVISION CONCERNING FINES

Paragraph 25. c.      Fines. In the event a Unit Owner or Occupant fails to observe and perform all of the provisions of the Declaration, the By-Laws, the Articles of Incorporation of the Association, the rules and regulations adopted by the Board, or any other agreement, document or instrument affecting the Condominium Property in the manner required, the Association shall have to right to impose a fine against the Unit Owner or Occupant and the Unit; provided that no fine shall become a lien against a Unit. The amount of any fine shall be determined by the Board of Directors, but in any event shall not exceed any maximum amount permitted by the Act; as such Act shall be amended from time to time. Any fine shall be imposed by written notice to the Unit Owner and Occupant, if applicable, signed by an officer of the Association, or by the Management Firm, if any, which notice shall state the amount of the fine, the violation for which the fine is imposed, and shall specifically state that the Unit Owner and Occupant, if applicable, has the right to contest the fine by delivering written notice to the Association within fourteen (14) days after receipt of the fine. If the Unit Owner or Occupant timely and properly objects to the fine, a committee of Unit Owners, ("Unit Owner Committee) appointed by the Board of Directors for the purpose of conducting these type of hearings shall conduct a hearing within thirty (30) days after the receipt of the Unit Owner's or Occupant's objection, and shall give the Unit Owner or Occupant not less that fourteen (14) days written notice of the hearing date. Such notice shall include:

1. A statement of the date, time and place of the hearing:
   
2. A statement of the provisions of the Declaration, Association By-Laws, or Association rules and regulations which allegedly have been violated; and
   
3. A short and plain statement of the matters asserted by the Association.
   

At the hearing, The Unit Owner Committee shall conduct a reasonable inquiry to determine whether the alleged violation in fact occurred and that the fine imposed is appropriate. The Unit Owner or Occupant shall have the right to attend the hearing and to respond to any material considered by the Association and to produce evidence on his behalf and to provide written and oral argument on all the issues involved and have an opportunity to review, challenge and respond to any material considered by the Association. If the Unit Owner or Occupant fails to attend the hearing, then the hearing will be deemed waived and the Unit Owner Committee may ratify the fine without further proceedings. At the hearing, the Unit Owner Committee shall ratify the fine or if the Unit Owner Committee does not agree with the fine, it may reduce or eliminate the fine and give the Unit Owner or Occupant written notice of its decision. Any fine shall be due and payable within fourteen (14) days after written notice of the imposition of the fine, or if a hearing is timely requested within fourteen (14) days after written notice of the Unit Owner Committee's decision at the hearing. If any fine is levied against a tenant and is not paid within fourteen (14) days after the same is due, the Association shall have the right to evict the tenant in accordance with Florida Law.