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Cal. Civ. Code § 5850

Schedule of monetary penalties; fine cap

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Plain-English summary

Requires the board, if it adopts a policy of monetary penalties for governing-document violations, to adopt and distribute a schedule of those penalties, which must be reasonable and generally may not exceed $100 per violation, with a health-or-safety exception requiring a written finding.

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Statutory text

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(a) If an association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any association member for a violation of the governing documents, including any monetary penalty relating to the activities of a guest or tenant of the member, the board shall adopt and distribute to each member, in the annual policy statement prepared pursuant to Section 5310, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for member discipline contained in the governing documents. Monetary penalties shall be reasonable. (b) Any new or revised monetary penalty that is adopted after complying with subdivision (a) may be included in a supplement that is delivered to the members individually, pursuant to Section 4040. (c) A monetary penalty for a violation of the governing documents shall not exceed the lesser of the following:

The monetary penalty stated in the schedule of monetary penalties or supplement that is in effect at the time of the violation.

One hundred dollars ($100) per violation. (d)

Notwithstanding subdivision (c), the board may impose a penalty stated in the schedule of monetary penalties or supplement that is in effect at the time of the violation that is greater than one hundred dollars ($100) per violation, if the violation may result in an adverse health or safety impact on the common area or another association member's property.

Before imposing a penalty on a violation pursuant to this subdivision, the board shall make a written finding specifying the adverse health or safety impact in a board meeting open to the members. (e) A late charge or interest shall not be charged to a member for a monetary penalty. (f) An association shall provide a copy of the most recently distributed schedule of monetary penalties, along with any applicable supplements to that schedule, to any member upon request.

Synced from the Florida Legislature’s official site. Verify the current version before citing.

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