Gillis v. Jackson Shores Townhomes Association, Inc.
Sebring, Highlands · FL · Florida Second District Court of Appeal
Member win · fines
What happened
On December 5, 2017, Jackson Shores Townhomes Association’s property manager inspected and found alleged violations on Dale L. Gillis’s property. The next day she sent a violation letter and a $100 invoice due December 31—imposing the fine immediately. Gillis objected; the association later suspended amenities and removed him from the board for nonpayment. He sued for declaratory and injunctive relief to rescind the fine, restore amenities, and reinstate him to the board, arguing the Declaration’s cure/notice path and § 720.305(2)(b) were not followed. After a nonjury trial the court ruled for the association. On December 2, 2022, the Second DCA reversed and remanded for judgment for Gillis. A February 2018 ‘contest within 14 days’ letter after the fine was already billed did not cure the timing defect.
What the court (or agency) held
Gillis won: the Second District reversed judgment for the association and remanded for entry of judgment for the homeowner. The $100 fine was invalid because the association failed the Declaration’s written-notice-and-cure path (fine one day after discovery instead of after the Declaration’s ten-day notice/cure structure) and failed § 720.305(2)(b): at least 14 days’ notice before imposition, opportunity for a hearing before an independent fine committee, and proper board/committee approval. A later contest letter after the fine was already imposed does not satisfy notice that must precede imposition.
Why this matters for members
You cannot bill a fine first and offer a hearing later. Declaration cure timelines and Florida’s 14-day pre-fine notice plus independent-committee approval are prerequisites; manager-imposed same-day fines and post-hoc ‘you may contest’ letters do not fix the defect. Invalid fines also undermine related punishments tied to nonpayment (amenity suspension, board removal in this record).
What the member did
Objected to the fine; sued for declaratory and injunctive relief seeking rescission of the fine, restoration of amenities, and board reinstatement based on Declaration and chapter 720 notice/hearing failures.
Questions for the board
- Was a written violation notice and cure period given under the Declaration before any fine was billed?
- Did the owner get at least 14 days’ notice and a chance to appear before an independent fine committee before the fine was imposed?
- Who approved the fine—the board and committee, or only the manager?
- If amenities were suspended or a director removed for unpaid fines, were those fines imposed under a valid process?
Questions for a lawyer
- Which Declaration and § 720.305 steps were skipped between discovery and the first fine invoice?
- Does a later ‘contest’ letter after billing ever cure a missing pre-imposition hearing under current law?
- What remedies are available to unwind amenity suspension or board removal that rested on an invalid fine?
- How should the file be rebuilt if the association wants to re-notice and re-hear the same alleged violations properly?
Citation
Gillis v. Jackson Shores Townhomes Association, Inc., 351 So. 3d 668 (Fla. 2d DCA 2022); No. 2D21-1610 (2022-12-02). Florida Second District Court of Appeal. Outcome chip: hearings/fines process — hero. Flags: remand, statute-changed. Source: https://caselaw.findlaw.com/court/fl-district-court-of-appeal/2062777.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.