http://www.advancedproperty.org/
Please refer all questions or replies regarding covenant enforcement & violations to APM. Send your replies to violations in written form so that you have a copy for the record. Emails are acceptable.
Contact the Property Manager Debbie Baumgartner dbaumgartner@apmfla.com
Phone: 321-636-4889
Due Process Hearing
State law (F.S. 720), requires that every homeowner who receives an Intent to Fine Letter (second violation Notice) from the Property Manager for failing to contact the property manager regarding a violation, or failing to correct a violation, be referred to the Board by the Property Manager.
If the Board decides the owner warrants a fine, the case is sent to the Due Process Committee. The Committee is comprised of neutral homeowners appointed by the Board. Committee members cannot be a Director, a relative of Directors, live in the same household as Directors, or be employed by the Board.
The Due Process Committee must conduct a Hearing to review the matter. The Committee contacts the owner in violation via certified return receipt mail, setting the date, time, location and purpose of the Hearing. The homeowner must attend this meeting or risk being found to have a violation by default.
The homeowner can address the Committee and present evidence (written material) and testimony (oral statements) as to why they should not be found to have a violation. If the Committee finds that there is no violation, it reports this to the Board and the matter is closed. If a Violation is found and it was not corrected in a timely manner, the Committee reports this finding to the Board. The Board can then assess a fine, or vote to take no action.
Refusing to accept the certified letter or failing to respond does not legally relieve the homeowner of their liability or obligations.
To avoid being referred to the Due Process Committee, respond to the Property Manager when you receive the first Violation Letter before the Manager mails out the Intent to Fine Letter. You will find that the Manager and Board are willing to work with you as you work to correct the violation. If for any reason you are unable to respond to the Property Manager, contact the Board immediately and plan on attending the next Board meeting.
Once you are referred to the Due Process Committee, the Board will assess you an administrative fee to recover the cost of Property Management overtime salary, facility rental fee, printing, copying and mailing all documents related to your case. This fee is assessed regardless of the Committee's decision and can exceed $100.