Opinion
No. 2D21-1610
12-02-2022
Dale L. GILLIS, Appellant, v. JACKSON SHORES TOWNHOMES ASSOCIATION, INC., Appellee.
Daniel F. Pilka of Pilka, Adams & Reed, P.A., Brandon, for Appellant. Kristie Hatcher-Bolin of Gray Robinson, P.A., Lakeland and Thomas J. Wohl of Swaine, Harris & Wohl, P.A., Sebring, for Appellee.
Daniel F. Pilka of Pilka, Adams & Reed, P.A., Brandon, for Appellant.
Kristie Hatcher-Bolin of Gray Robinson, P.A., Lakeland and Thomas J. Wohl of Swaine, Harris & Wohl, P.A., Sebring, for Appellee.
KELLY, Judge. Dale L. Gillis sued Jackson Shores Townhomes Association, Inc., for declaratory and injunctive relief to compel the Association to rescind a fine levied against him for violation of the Association's rules and regulations, restore his access to community amenities, and reinstate him as a member of the Association's Board of Directors. Mr. Gillis challenged the fine and the resulting consequences on the basis that the notice of violation did not comply with the Association's Declarations of Covenants and Restrictions and chapter 720, Florida Statutes. After a nonjury trial, the court entered final judgment in favor of the Association. Because we agree that the Association did not follow the proper procedures when it fined Mr. Gillis, we reverse.
On December 5, 2017, the Association's property manager conducted a site inspection of the Association property. She found violations on Mr. Gillis's property. The next day, she sent a violation letter to Mr. Gillis informing him that he owed a fine of $100 for the alleged violations. Accompanying her letter was an invoice also dated December 6, 2017, for $100 with instructions that the payment of the fine was due by December 31, 2017. Mr. Gillis objected to the fine, and eventually the Association suspended his access to community amenities and removed him from the Association's board because he refused to pay it. Mr. Gillis then brought this action.
The resolution of this appeal turns on whether the trial court properly interpreted the pertinent provisions of the Association's Declaration of Covenants and section 720.305, Florida Statutes (2017). "Where the determination of the issues of a lawsuit depends upon the construction of a written instrument or a statute and the legal effect to be drawn therefrom, the question at issue is essentially one of law" which we review de novo. Angell v. Don Jones Ins. Agency Inc., 620 So. 2d 1012, 1014 (Fla. 2d DCA 1993). Because the interpretation or construction of a statute or written instrument "is a matter of law, an appellate court is not restricted in its ability to reassess the meaning and effect ... to reach a conclusion contrary to that of the trial court." Id .
Article VIII, Section A of the Declarations provides:
In the event of a violation of the Governing Documents or Rules and Regulations by an Owner, Occupant, Tenant or Invitees (other than the non-payment of any Assessment or other charges), the Association shall notify the Owner of the violation by written notice, after ten days. If such violation is not cured as soon as practicable after receipt of such written notice, or if any similar violation is thereafter repeated, the Association may, at its option:
1. Impose a fine against the Owner as provided in Florida Statutes and in the Bylaws.
Section 720.305(2)(b) provides:
(b) A fine or suspension may not be imposed by the board of administration without at least 14 days’ notice to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the
association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the board of administration imposes a fine or suspension, the association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any tenant, licensee, or invitee of the parcel owner.
We agree with Mr. Gillis that the fine was imposed without meeting the requirements of either the Association's Declaration or section 720.305(2)(b). The Association's property manager imposed the fine on Mr. Gillis one day, rather than ten days, after it discovered the violations. Mr. Gillis did not receive the statutorily required fourteen-day notice that the Association sought to fine him, nor was the fine approved by either the Association's board or a fine committee. Compliance with the statute is a prerequisite for the Association to impose a fine. Dwork v. Exec. Ests. of Boynton Beach Homeowners Ass'n, 219 So. 3d 858, 860 (Fla. 4th DCA 2017).
The Association nevertheless argues the fine was proper because it sent a second letter to Mr. Gillis in February 2018, and that letter contained a provision advising Mr. Gillis that he had fourteen days to contest the previously imposed fine. The statute requires notice before the fine is imposed. See § 720.305(2)(b) ("A fine or suspension may not be imposed by the board of administration without at least 14 days’ notice to the person sought to be fined or suspended and an opportunity for a hearing ...." (emphasis added)). The December letter imposed the fine and demanded payment, and the February letter was nothing more than a reminder that the fine was owed.
Accordingly, we reverse the final judgment and remand for entry of final judgment in favor of Mr. Gillis.
VILLANTI, J., Concurs.
STEVENSON, W. MATTHEW, ASSOCIATE SENIOR JUDGE, Concurs in result only.