Port Antigua Homeowners' Association

Violations & Fines

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.  The 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. 1STviolation notice sent – 30 days to comply.
  2. THE NEXT 30 DAYS: POSSIBLE ACTIONS BY OWNER
    1. COMPLIANCE IS ACHIEVED – Violation will be closed; please 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. At the next scheduled Board Meeting, the Board will vote on the levying of the fine for any violation that has gone through the above process and is still outstanding without an approved extension.
    2. As a result of the Board’s action, a Notice to Appear letter, regarding a Grievance (Fining) Committee meeting, will be sent to you, via certified mail, at least 14 days prior to the scheduled Grievance Committee Meeting date.
    3. A $25.00 administrative fee will be added to the owner’s Ledger to cover the HOA expense related to the Management Company’s time and certified mailing associated with the Notice to Appear letter. This administrative fee is only relevant to owners who are both non-compliant and do not communicate with HOA Management regarding resolution of a violation; it is meant to have those offenders pay for the additional expense that they create rather than having all of us share in the payment of those expenses. All of us will probably get a violation at one time or another.  The objective is to have owner and Management communication in the resolution.
  4. 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 do not show up are voted on as well.
  5. 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 21days 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, these fines are considered Special Individual Assessments and the account will therefore 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.