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Brandywine Condominium Association
DECLARATION OF CONDOMINIUM as adopted January 2,
2006
and amended December
2, 2008, December 7, 2009, January 23, 2012 and
December 7, 2021.
BYLAWS Exhibit "D' to the Declaration
of Condominium
AMENDED AND RESTATED
14. FINING AUTHORITY. The Directors may, pursuant
to F.S. 718.303, impose fines against a unit owner for failure to comply
with the provisions of the Declaration of Condominium, Articles of Incorporation,
ByLaws and Rules and Regulations by owners, family members, guests, occupants,
licensees, tenants and invitees. A fine may be imposed for each day of
continuing violation with a single notice and opportunity for hearing,
provided that no fine shall exceed such maximum amount as is permissible
by law.
A. Notice. The party against whom the
fine is sought to be levied shall be afforded an opportunity for a he.acing
after reasonable notice of not less than fourteen (14) days and said notice
shall include:
(1) A statement of the date, time and place of the hearing.
(2) A statement of the provisions of the Declaration of Condominium, Articles
of Incorporation, Bylaws, or Rules and Regulations which have allegedly
been violated.
(3) A short and plain statement of the matters asserted by the Association
B. Hearing. The party against whom the fine may be levied shall have an opportunity to respond, to present evidence, and to provide written and oral argument on all issues involved and shall have an opportunity at the hearing to review, challenge and respond to any material considered by the Association. The hearing shall be held before a Committee of other unit owners. If the Committee does not agree with the fine, the fine may not be levied. Should the Association be required to initiate legal proceedings to collect a duly levied fine, the prevailing party in an action to collect said fine shall be entitled to an award of costs and a reasonable attorney's fee incurred befure trial, at trial and on appeal. The payment of fines shall be the ultimate responsibility of the unit owner, even when the violations for which fines have been levied arise out of the conduct_of family members, guests, occupants, licensee, invitees and tenants.
C. Non-exclusive Remedy. These fines shall not be construed to be exclusive and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner shall be deducted from or offset against any damages which the Association may otherwise be entitled to recover by law from such Owner.
Association address
Brandywine Condominium Association
1398 S. Brandywine Circle
Fort Myers, FL 33919
Phone: 239-481-2326
Fax: 239-481-0744
E-Mail: brandywinecondo@embarqmail.com