| To All Owners & Residents, |
| The Board of Directors has the authority under Bel Mare’s Governing Documents and Chapter 718 of the Florida Statutes to levy fines and/or impose use restrictions in connection with violations of the Governing Documents. It approved the Governing Documents Violation and Fine Enforcement Policy that was the subject of an eblast sent on April 21st and that will appear in the Policies section of the Bel Mare Website. The approval was made on April 17th by unanimous written consent of the Board as in-person meetings are currently prohibited because of the COVID-19 pandemic. |
| The policy explains the process, which includes providing notice of the violation and an opportunity to cure, and a hearing before the Fining Committee. If the Board determines that an alleged violation is sufficiently egregious, it may omit notice and opportunity to cure and proceed directly to enforcement as provided in the policy. Potential penalties include suspension of use rights and/or imposition of a fine of $100 per violation or a maximum amount of $1000 for a continuing violation as allowed by Florida statute. Any fines collected will be deposited into Bel Mare’s operating cash accounts. |
| In January, the Board requested that three owners volunteer to serve on the Fining Committee. Steve Valley, Deborah Neglio, and Jeff Winsler graciously did so and make up the 2020 Fining Committee. |
| The Board has the authority to levy (i.e., recommend) a fine, but the fine cannot be imposed unless approved by the Fining Committee at a hearing during which the Property Manager presents documented evidence of the alleged violation. The owner alleged to have committed the violation is entitled to attend the hearing with counsel, if desired. The Fining Committee has the authority to approve or reject the recommendation that a fine or suspension of use rights be imposed. Specifics of the process are in the Governing Documents Violation and Fine Enforcement Policy. |
| Many, though not all, of the Governing Documents provisions the violation of which may be subject to a fine or suspension of use rights are contained in Article VI of Bel Mare’s Declaration of Condominium. Provisions that describe the responsibilities of owners and other residents are also contained elsewhere in the Declaration, Bylaws, Rules, and Policies, all of which are part of the Governing Documents and which are posted on the Bel Mare website. Please note that owners and their tenants are responsible for knowing the requirements with which they are expected to comply that are contained in these Governing Documents, and residents must certify to the Management Office that they are familiar with these when they begin residence here. |
| The Board has discussed formal establishment of a fining policy at several public meetings beginning in April of 2019. It also has been discussed at 2019 meetings of the Strategic Planning Committee, and 2020 meetings of the Security, Policies, and Conduct Committee. These meetings were publicly noticed in compliance with Florida statutes. All owners had the opportunity to attend and provide input in connection with these meetings. In February and March of this year, the Security, Policies, and Conduct Committee requested input from its members, which was conveyed to the Board. This was reviewed and approved by Bel Mare’s attorney for compliance with legal requirements. |
| Questions or concerns about specific behavior or Governing Documents provisions or alleged violation thereof should be directed to the Management Office. |
| The Bel Mare Board of Directors |
