- Date: November 26, 2001
From: William Detra, President
To: All Meadow Walk Homeowners
If you have been following the minutes of the meetings of the Board of Directors of the Meadow Walk Homeowners Association, you will know that we have been dealing with a number of issues which are of great concern to a number of homeowners. One of the issues is how to actually enforce the Declarations and the Rules and Regulations. The documents prepared by the Developer for our Homeowners Association provide only one recourse in the event that a homeowner breaks the rules that is to take him or her to court. This is a very expensive method for all homeowners, and we have looked at other communities and the Florida Statutes to see what other alternatives exist. After consultation with our attorney, we have come up with a modification to the Declarations which allows for the imposition of a fine. The wording of this proposed modification is posted immediately after this message. Please study it, and, if you have any questions, get in touch with me. We will be bringing this amendment around as well as bringing it to the annual meeting to collect signatures of at least 50% of the homeowners which is necessary for the amendment to pass.
Additionally, there have been some homeowners who are very unhappy with the provision in the declaration that the annual assessment is payable in full on January 1 of each year. The Board has listened to the concerns of these homeowners, and a second amendment has been prepared providing for collection of the assessment in quarterly installments at the discretion of the board. The wording of this amendment is also attached, and we request that you also familiarize yourselves with it. Again, if you have any questions, get in touch with me.Ê This amendment will also be brought around to collect signatures.
The Board has worked hard in the six months since turnover to manage the affairs of the Homeowners Association in a responsible, fair and frugal way. Please support the board with your signatures on these amendments.
- KNOW ALL MEN BY THESE PRESENTS, that the undersigned, being a majority of the owners of lots in MEADOW WALK, a subdivision, as per plat thereof recorded in Plat Book 40 page 28 of the Public Records of Sarasota County, Florida, hereby amend the DECLARATION OF MAINTENANCE AND LAND
USE PROVISIONS OF MEADOW WALK, pursuant to Article VII Section 7.3 of said Declaration recorded in the Public Records of Sarasota County Florida at Instrument #199033013, as follows:
- Section 7.18 Fines by Association
(a) Fines. If the Board of Directors of the Association determines that any Member, or the tenant, guest or invitee of a Member, is in violation of any of the provisions of these restrictions, or of the Articles of Incorporation or By Laws of the Association, the Development Standards and Guidelines, Architectural Standards, or rules adopted by the association, the Board, or an agent designated for that purpose, shall notify the Member or the tenant, guest or invitee of the Member, of the nature of the violation.If said violation is not corrected within the time specified therein, which time shall be not less that five (5) days, the Association may thereafter levy a fine for each offense against the Member or the tenant, guest or invitee of the Member, in accordance with this section.
(b) Amount. The amount of such fine shall be in such reasonable amount as may be established from time to time by the Board as an amount deemed adequate to encourage observance of applicable provisions of the Declaration, Articles, Bylaws and rules and regulations, but in no event to exceed any then applicable maximum amount per violation established by applicable Florida Statute (The maximum fine per violation as of the date of adoption of this Amendment $100 per violation, and $1,000 in aggregate, as prescribed by Section 720.305(2) Florida Statutes 2001). Each day during the violation continues shall be deemed a separate offense.
(c) Hearing. No fine shall be imposed upon a Member or the tenant, guest or invitee of the Member, without first giving such Member or the tenant, guest or invitee of the Member at least fourteen (14) days notice and an opportunity for a hearing before a committee consisting of at least three (3) Members appointed by the Board.Ê Members of the Committee may not be officers, directors or employees of the Association, nor the spouse, parent, child, brother or sister of an officer, director, or employee of the Association.
(d) Procedure. The notice required by Section 7.16(c) may be combined with the notice given by or under the authority of the Board to notify the Member or the tenant, guest or invitee of the Member, of the nature of the violation. The notice required by Section 7.16(c) shall set out the right to a hearing before the Committee, the procedure and time limit to request a hearing, and either the date, time and place of such a hearing or that if the Member or the tenant, guest or invitee of the Member, requests a hearing, the Member or the tenant, guest or invitee of the Member, shall be given further notice of the date, time , and place of the hearing. If the Member or the tenant, guest or invitee of the Member, does not request a hearing within fourteen (14) days following the notice, then the Committee may meet at any time thereafter without further notice to the Member or the tenant, guest or invitee of the Member.
(e) Committee Decision. Committee shall meet and hold a hearing if one has been timely requested by the Member or the tenant, guest or invitee of the Member. At the conclusion of the hearing, if one has been requested, or during the meeting if no hearing is held, the Committee shall either approve or disapprove the proposed fine. No fine may be imposed unless the Committee has approved of it.
(f) Fine. Any fine approved by the Committee shall be assessed by the Board as a Special Charge against the Member and shall constitute a lien upon the Lot of such Member and may be foreclosed by the Association in the same manner as any other lien.
(g) Rules and Regulations. The Board may adopt, amend and rescind reasonable rules and regulations relating to the administration of the Association and the use of the Common Areas provided in the Declaration. Any rules or regulations adopted by the Board may be supplemented, amended or rescinded by affirmative vote of the Owners of not less than two-thirds of the Lots in the Subdivision. Any rules or regulations approved by the Owners shall not thereafter be amended or rescinded except upon affirmative vote of the Owners of not less than two-thirds of the Lots in the Subdivision.
In all other respects, the Declaration, Supplements and Amendments thereto, shall remain as they were prior to this amendment.
IN WITNESS WHEREOF, the owners of property in Meadow Walk Subdivision have executed this document on the dates indicated or on the dates of documents joining this document which incorporate this first Amendment to Declaration of Maintenance and Land Use Provisions of Meadow Walk by reference.
- KNOW ALL MEN BY THESE PRESENTS, that the undersigned, being a majority of the owners of lots in MEADOW WALK, a subdivision, as per plat thereof recorded in Plat Book 40, page 28 of the Public Records of Sarasota County, Florida, hereby amend the DECLARATION OF MAINTENANCE AND LAND USE PROVISIONS OF MEADOW WALK, Pursuant to Article VII Section 7.3 of said Declaration recorded in the Public Records of Sarasota County Florida at Instrument #199033013, as follows:
- (a) The annual maintenance assessment shall be paid in advance by each Owner on or before January 1 of each year, or in quarterly installments at the option of the Board of Directors of the Association, at the offices of the Association in Sarasota, Florida, or at such other place as may be designated by the Association. The assessments shall be delinquent if not paid by February 1 of the calendar year for which it is assessed, or, within 30 days of each quarterly installment period if the Association elects payment in quarterly installments. Any unpaid assessments shall bear interest from the date of delinquency until paid at the rate of 18% per annum, unless this rate is subsequently changed by the Board of Directors of the Association.Ê However, in no event shall the rate be more than the maximum legal rate for individuals in the State of Florida.
In all other respects, the Declaration, Supplements and Amendments thereto, shall remain as they were prior to this amendment.
IN WITNESS WHEREOF, the owners of property in Meadow Walk Subdivision have executed this document in the dates indicated or on the dates of documents joining this document which incorporate this second amendment to the Declaration of Maintenance and Land Use Provisions of Meadow Walk by reference.