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(i) Notice and Hearing: In the event of a violation as herein defined, the Association shall provide the Member written notice of said violation. The Member shall be given a reasonable opportunity, under the circumstances, to correct the violation or, if a first-time and unintentional offense, to assure the Board to the latter's satisfaction that the violation will not be repeated. The Member shall be entitled, upon request, to a hearing before the Board of Directors or any designed committee to contest the violation and/or fine. At such hearing, the Member shall have the right to be represented by legal counsel and to have a reasonable amount of time to produce any statement, evidence and witnesses on his or her behalf. The minutes of the hearing shall contain a written statement of the results of the hearing and the fine, if any, that is imposed. The Association is required to provide such notice and opportunity to be heard for violations with a 14 day notice.

 

(ii) Continuing Violations: In the case of a continuing or persistent violation: 1) Each day the violation continues after written notice thereof shall be deemed a separate and distinct violation and, hence, subject to a separate daily fine, up to a maximum of thirty (30) daily fines per violation.

 

(iii) Lien Against Unit: Any such fine of $1000 shall constitute a personal obligation of the Member, as well as a lien upon the unit, which lien may be foreclosed in the same manner as a lien for unpaid community association common area charges pursuant to Florida State Law.

 

(iv) Fees and Costs: The Member shall be liable for all attorney's fees and costs incurred by the Association incident to the levy or collection of the fine, including appellate proceedings.

 

(v) Crediting Payments: The Association shall apply all partial payments by the Member to the Member's outstanding balance in the following order. 

 

Attorney's fees and costs

 

Late fees and interest

 

Fines

 

Special assessments

 

Regular assessments, with payment being applied to the oldest balance first.

 

No partial payments will waive the Association's right to pursue full payment and/or enforce its bylaws, declaration, and rules and regulations