Spanish Waters Homeowners Association, Inc.

Fine and Enforcement Plan

The State of Florida requires all Homeowner Associations and their Board of Directors (Board) to enforce their governing documents. Enforcement is not optional.  It is required by the law and is a fiduciary responsibility of the Board. The Spanish Waters Homeowners Association, Inc. hence known as ‘SWHOA’ shall use the following plan to uphold its governing documents, rules and regulations and follow state guidelines.

Purpose: To help improve the appearance of Spanish Waters neighborhood and maximize property values for all owners.  All homeowners in the Spanish Water’s neighborhood are members of the SWHOA. Each homeowner agreed to be legally bound by the SWHOA’s governing documents when they purchased and signed legal documents at the closing of their property.

Posting of Governing Documents and Rules and Regulations

  • Homeowners were provided with a copy of governing documents at their home’s closing.  Additionally, homeowners can view and print the Declaration of Covenants, By Laws and Rules and Regulations from the SWHOA   

 Violations Manager. 

  • The SWHOA will hire an outside CAM (Community Association Manager) to recognize our covenant and rule violations through an established inspection system, notify all violators by mail, refer any required cleanup or remedial action to the SWHOA Board and attend Appeals meetings as needed.
  •  Hiring a licensed, independent outside CAM will eliminate any bias toward anyone resident or any specific covenant or rule violation.  It will also create a fair, consistently monitored and enforced system to address violating residents, absentee landlords and foreclosed or abandoned properties.
  •  CAM will inspect our street twice per month. 
  •   An initial “Courtesy Notice” will be made in writing to homeowners who are in violation of the governing documents or Rules and Regulations. This courtesy notice is informal in nature and if the violation is corrected, no further action will be necessary. If a homeowner fails to correct the violation within the time period given or fails to contact the manager, additional steps will be taken as discussed below. Owners are required to have current contact information (phone and mailing address) on file with the SWHOA.
  •   Whenever possible, the violation will be documented with a photo(s).  The section of the governing documents or rule(s) being violated will be cited
  •  The CAM will give owners a required 14 day written Notice before fines are assessed and/or remedial action is taken. The Notice will also allow the owner 14 days to request a meeting with the Appeals Committee.
  •  Fines will start to accrue on the 1st day of the notice, however they will not be assessed until the required 14 day written notice has been sent out or after a hearing by the Appeals Committee if one is requested by the homeowner.

Appeals Committee

  • State law requires Associations to provide a means for homeowners to appeal their case to an independent Appeals committee.
  • The Board will appoint 3 unpaid, volunteer homeowners to serve on the Appeals Committee, which will   hear and decide all homeowner appeals.
  • Members of the Appeals Committee may not be on the Board of Directors or related to or living in the same household as a Board member. Term of Committee members is 3 years staggered
  •  Appeals will be heard by the Committee within 15 days of a hearing request.
  •  Homeowners will be allowed 15 minutes to present their appeal before the Committee.
  • The Appeals Committee must make their decision within 3 calendar days and notify the homeowner of its decision. The decision of the Appeals Committee is final.
  • The Appeals Committee will also notify the Manager and Board of their decision.
  • The Manager will provide written notice of the decision and any fines or remedial action to be taken by mail or hand delivery to the homeowner.

Fines and Remedial Actions    

  • Fines will be $100 per violation and will increase $100/day of non-compliance until it reaches the $1,000 maximum amount as permitted by Florida Statue 720.305(2).  Once fines reach $1000, they may become a lien against the property.
  • The State of Florida allows homeowner associations to assess fines to help enforce their governing docs even if it is not so stated in their governing documents.
  •  SWHOA Declaration of Covenants Sect. 2.4 allows the Association to take remedial action and assess the cost to the homeowner if homeowners fail to maintain their property as required in Sect 2.4 of the Declaration and the Rules and Regulations. Failure by homeowner to pay the assessed amount may result in a lien against the property.
  • Violation Terms—Action will be taken after: 
    • ONE day (garbage cans left out and not stored out of view after pick up),
    • THREE days (Commercial vehicles, trucks, trailers and boat violations)
    • TEN days (Mowing/edging lawn, weeding, shrub/tree trimming, lawn pest /disease control)
    • THIRTY Days (Sod replacement or repair, Painting.


  • If fines reach $1000, they may become a lien against the property.
  • If the homeowner has failed to comply or pay the cost of remedial action and enforcement by the SWHOA after a further 30 (thirty) calendar days, the CAM shall turn the account over to the Attorney     acting on behalf of the SWHOA.  A letter will be sent to the homeowner advising them of the outstanding balance and notifying them that a lien will be filed unless the account is paid in full, or the homeowner contacts the Attorney within 10 (ten) calendar days to establish a payment plan.  If the homeowner does neither, a lien will be filed.
  • Board may vote to foreclose if further action is necessary.

Legal Action

  • The association’s legal counsel may also be advised to send a letter warning the owner if the objectionable activity does not cease within a reasonable period, formal legal action to obtain compliance with the governing documents and for an award of attorney’s fees and costs will be taken;
  •  Commence mandatory, non-binding arbitration to require the unit owner’s compliance if applicable; or
  •  Commence an action in court (after demand for pre-suit mediation if applicable) seeking an order requiring that the non-complying and/or offensive activity cease and for an award of the association’s attorney’s fees and costs for bringing the action.

Failure to Enforce

  • Failure by the SWHOA to enforce any covenant, published Rules and Regulations, or restrictions for any period will not be deemed a waiver of the right for the SWHOA to do so forever.