Port Antigua Homeowners' Association

Fees and Fines

PROCESSING OF DELINQUENCIES

Article 6 of our Declarations states that each Owner, by acceptance of a deed to his Land and Unit, has thereby accepted and agreed to pay the Village Association both the annual assessment and any needed special assessments.

The Port Antigua maintenance is billed annually.  The processing of a maintenance payment, once the annual maintenance statement has been sent is as follows:

  1. UP TO 30 DAYS AFTER THE DUE DATE
    1. There is no delinquency, and therefore no charge over the statement due amount, if paid within 30 days of the due date.
  2. AT 31 DAYS AFTER THE DUE DATE
    1. A Late Notice letter is sent for an account unpaid after 30 days.  It includes a $25.00 late fee and interest on the outstanding maintenance balance.  Both of these charges will be shown separately, and the amounts are based on our governing documents and State Statutes.
    2. Both of the new charges will also be added to the owner’s ledger.
    3. The late notice will also state that if payment is not made within 30 days from the date of this notice, the account will be turned over to either a Collection Agency or an Attorney.
  3. AT 31 DAYS AFTER THE LATE NOTICE
    1. If still unpaid, the account is turned over to either the Collection Agency or the Attorney.
    2. Once the account is turned over, the owner will be subject to additional fees from the Collection Agency or the Attorney. The owner will no longer be able to deal with the Management Company or the Board on this matter.

 

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PROCESSING OF VIOLATIONS

Port Antigua homeowners and residents need to understand that we have all moved into a planned community, that was created with a set of governing documents that state specific rules and standards to be followed.   Not complying with the governing documents results in a violation.  These governing documents are available on this web site, or a copy may be requested from management for a reproduction fee.

The processing to pursue compliance for EACH violation is as follows:

  1. VIOLATION IS FOUND DURING INSPECTION DAY
    1. 1ST violation notice sent: 30 days to comply.
  2. THE NEXT 30 DAYS: POSSIBLE ACTIONS BY OWNER
    1. COMPLIANCE IS ACHIEVED – Violation will be closed; Notify management with proof of compliance via e-mail.
    2. WRITTEN REQUEST TO MANAGEMENT FOR EXTENSION OF COMPLIANCE – 30 DAYS ADDITIONAL OR REASONABLE TIMEFRAME – INCLUDING REASON:
      1. IF APPROVED: the 2nd inspection will be delayed until the requested extension deadline date.
      2. IF DENIED: the violation’s 30-day compliance deadline continues.
    3. WRITTEN REQUEST TO MANAGEMENT TO REVIEW VIOLATION AGAIN:
      1. IF VIOLATION IS DETERMINED AS NOT VALID: the violation is closed.
      2. IF VIOLATION IS DETERMINED AS VALID, the violation’s 30-day compliance deadline continues.
    4. DO NOTHING: ESCALATION to the next step.
  3. THE VIOLATION STILL EXISTS WHEN THE RE-INSPECTION OCCURS AFTER THE 30 DAYS
    1. 2ND VIOLATION NOTICE SENT: 15 DAYS TO COMPLY
  4. THE NEXT 15 DAYS: POSSIBLE ACTIONS BY OWNER
    1. COMPLIANCE IS ACHIEVED – Violation will be closed; Notify management with proof of compliance via e-mail.
    2. DO NOTHING: ESCALATION to the next step.
  5. THE VIOLATION STILL EXISTS WHEN THE RE-INSPECTION OCCURS AFTER THE 15 DAYS:
    1. A Notice to Appear at a Grievance (Fining) Committee meeting will be sent to you, via certified mail, at least 14 days prior to the scheduled Grievance Meeting date.
  6. THE GRIEVANCE (FINING) COMMITTEE HEARING
    1. The Board will have recommended the standard fine amount in the governing documents and Florida State Statutes of $100 per day to a maximum of $1,000 for each violation known to be outstanding and for which the owner has received the “”Notice to Appear” letter for that meeting.
    2. The Grievance Committee will hear any owner that chooses to appear and speak, and then, vote on whether or not to fine. Note that all violations for which the owners did not show up are voted on as well.
  7. AFTER THE GRIEVANCE COMMITTEE HEARING
    1. If the fine is approved by the Committee, the amount is posted to the owner’s ledger. Be advised, regardless of whether the violation(s) are corrected after the meeting or not, this charge will not be removed from the ledger and will need to be paid.
    2. Within 21 days after the meeting, a fine notification letter is sent to the owner for all violations that were voted to be fined, stating the amount of the fine and the requirement for the fine to be paid, per the governing documents, within 5 days of the letter.
    3. If the balance is not paid within the stated time limit, then, per the governing documents, the account will be referred to the Collection Agency for obtaining the payment and/or will be referred to the Attorney for initiating other legal actions to remedy the violation.
      1. Note that all collection fees due to the Collection Agency and legal fees for work done by the Attorney will be added to the owner’s ledger.
      2. Once the account is turned over to Collections or the Attorney, the owner will no longer be able to deal with the Management Company or the Board on this matter.