It is the Policy of the floridaestates Home Owners Association, Inc.
(“HOA”), to follow the below described Complaint Procedure:
All complaints will be processed by the ACC in-accordance with the procedure
provided for in the Covenants:
- The Complaint shall be in writing by a HOA Member or Renter and sent to the
ACC Chairperson.
- The ACC Chairperson will forward the complaint to the appropriate ACC
Representative.
- If the Complaint is not signed by a HOA Member or Renter, the ACC
Representative will make a good faith effort to investigate the Complaint and if
they determine the Complaint is valid; they will sign the Complaint and continue
with this Covenant Violation Procedure.
- The ACC Representative will promptly investigate the Complaint and attempt to
secure a resolution.
- If resolution is not achieved the Complaint will be referred to the ACC
Chairperson for further action. The Chairperson will canvass the Committee to
confirm any recommended action.
- If Complaint remains unresolved, the ACC Chairperson will issue a Notice of
Concern (1st notice) with a 10-day curative period (This notice of concern can be
prepared and mailed regular mail and/or hand delivery by any Member of the ACC.)
- If resolution is still not achieved the Complaint will be referred to the ACC
Chairperson for further action. The Chairperson will canvass the Committee to
confirm any recommended action.
- If Complaint remains unresolved; the ACC Chairperson will issue a notice of
violation (2nd Notice) with a 10-day curative period. (This notice of violation can be
prepared and mailed regular mail and/or hand delivery by any Member of the ACC.)
- After issuing the 2nd ACC letter – Notice of Violation, without resolution, the ACC
Chairperson will canvass the Committee to confirm any recommended action
and then will advise the HOA Board, in writing, of the Issue; requesting the Board
give consideration for further action:
- Description of the issue and commentary regarding the unsuccessful resolution process.
- Copy of any Complaints.
- Copy of the Letters issued.
- Copy of any other documents pertinent to the Complaint.
This notice to the Board will also be sent, Regular & Certified Mail, to the owner of the
property that is in violation of the Covenant’s. This Notice will encourage them to take
the opportunity to address the full Board regarding the Covenant violation at the
Board’s meeting wherein the Board is scheduled to hear the ACC’s appeal. (This Notice
can be prepared and mailed Certified mail and regular mail by any Member of the ACC.)
At any step in the process; the HOA Member violating the Covenants will be provided
the opportunity to appeal the issue to the full HOA Board.
Prior to the HOA Board Meeting where the HOA Board will deliberate on what action to
take on an unresolved Complaint; the HOA Member violating the Covenants will be
encouraged to attend that HOA Board Meeting to state their appeal, in person, to the
full HOA Board.
The HOA Board will review the ACC’s request to consider further action on the
unresolved Complaint.
- If the majority of the HOA Board concurs with the ACC that further action should
be taken, unless there are special circumstance to be considered, the HOA
Board will:
- Issue a letter/notice summarizing the Covenant violation and the
unsuccessful efforts by the ACC to resolve the matter.
- The letter/Notice will advise the HOA Member what action is expected to
provide resolution to the Covenant violation.
- The Notice will provide a 7-day curative period.
- Failure to comply, will result in the HOA Board hiring a contractor to correct
the Covenant violation or refer the matter to mediation.
Note: any notice of concern, notice of violation or Notice described above; can be prepared and
mailed regular mail or hand delivery and by Certified mail, if appropriate, by the Secretary to the
Board by written direction of the ACC Chairperson.
Effective: March 9, 2019