HOA Fining Procedures in Florida: What the Statute Actually Requires

A fine isn't necessarily valid just because the board voted on it. Florida's HOA statute, §720.305, sets out a procedure, and skipping a step can leave a fine unenforceable. Here's how that procedure works, as general information rather than legal advice. For a specific fine, a licensed Florida attorney is the right resource. The statute doesn't operate alone: the community's declaration, bylaws, and rules also apply, and §720.302(5) makes an association corporation subject to chapter 617 or part I of chapter 607 (whichever it was incorporated under) as well as chapter 720.

What steps must a Florida HOA take before fining me?

Notice, a hearing and a committee vote. Under Florida Statutes §720.305(2), the board must give at least 14 days' written notice of a hearing, held within 90 days of the notice before an independent committee that must approve the fine by majority vote. Written findings follow within 7 days, with any payment date at least 30 days after delivery.

1. The violation must be of the governing documents or reasonable rules. The fining power in §720.305(2) reads: "An association may levy reasonable fines for violations of the declaration, association bylaws, or reasonable rules of the association." A fine has to trace back to one of those.
2. The board levies the fine. The statute refers to a fine "levied by the board of administration" (§720.305(2)(b)), but the board's vote is only the start.
3. At least 14 days' written notice of a hearing. Under §720.305(2)(b), the board must first provide "at least 14 days' written notice of the parcel owner's right to a hearing," sent to the owner "at his or her designated mailing or e-mail address in the association's official records" (and, if applicable, to any occupant, licensee, or invitee sought to be fined). The hearing must be held within 90 days after the notice is issued, and the committee may hold it by telephone or other electronic means.
4. A committee must approve it. Under §720.305(2)(c), a fine the independent committee does not approve by majority vote may not be imposed.
5. Written findings within 7 days. Under §720.305(2)(d), the committee must send the owner written notice of its findings, including any fine it approved or rejected, how the violation may be cured if applicable, or "the date by which a fine must be paid."
6. A payment date at least 30 days out. If the violation isn't cured and the committee approves the fine, it "must set a date by which the fine must be paid, which date must be at least 30 days after delivery of the written notice required in paragraph (d)" (§720.305(2)(f)).

When any of these is missing, the fine may be on shaky ground — something an attorney can assess.

A cure can stop the fine

The statute gives a cured violation its own rule:

"If a violation has been cured before the hearing or in the manner specified in the written notice required in paragraph (b) or paragraph (d), a fine or suspension may not be imposed." — §720.305(2)(e), Fla. Stat.

The notice under (2)(b) must include "the specific action required to cure such violation, if applicable," so the notice itself is where the cure terms usually first appear.

Who can sit on a Florida HOA fine committee?

At least three board-appointed members who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of one, under Florida Statutes §720.305(2)(b). If the committee does not approve a proposed fine by majority vote, the fine may not be imposed.

The committee is not a rubber stamp — it's the statute's check on the board, though a narrow one: "The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board" (§720.305(2)(c)).

"Such hearing must be held within 90 days after issuance of the notice before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. ... If the committee, by majority vote, does not approve a proposed fine or suspension, the proposed fine or suspension may not be imposed." — §720.305(2)(b)–(c), Fla. Stat.

Because of this, the makeup of the committee — who served on it and their relationship to the board — is often central to whether a fine was validly imposed.

How much can my HOA fine me in Florida?

Generally $100 per violation, unless the governing documents provide otherwise, under Florida Statutes §720.305(2). A continuing violation may be fined per day after a single notice and opportunity for hearing, but the total may not exceed $1,000 in the aggregate unless the documents authorize more. A fine of less than $1,000 may not become a lien against a parcel.

When attorney fees can start

Section 720.305 ties attorney fees to the payment date. Under §720.305(2)(f), "Attorney fees and costs may not be awarded against the parcel owner based on actions taken by the board before the date set for the fine to be paid." Paragraph (2)(g) adds that fees "may not begin to accrue until after the date noticed for payment under paragraph (d) and the time for an appeal has expired."

Can my HOA fine me for trash cans or holiday lights in Florida?

Not within the statute's limits. Florida Statutes §720.305(7) overrides the governing documents: no fine for garbage receptacles left at the curb or end of the driveway within 24 hours before or after collection day or time, or for holiday decorations or lights left up longer than the documents allow, unless they stay up more than 1 week after written notice.

In the statute's words, an association "may not levy a fine or impose a suspension" for:

• "Leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated garbage collection day or time."
• Holiday decorations or lights left up longer than the governing documents allow, "unless such decorations or lights are left up for longer than 1 week after the association provides written notice of the violation to the parcel owner."

Suspensions are different

The same section allows two kinds of use-rights suspension. For a violation of the declaration, bylaws, or rules, an association may suspend the right to use common areas and facilities "for a reasonable period of time" (§720.305(2)(a)), subject to the same notice and committee hearing as a fine. Separately, if a member is more than 90 days delinquent on a monetary obligation, use rights may be suspended "until the fee, fine, or other monetary obligation is paid in full," and "The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection" (§720.305(3)).

The details that tend to matter

When evaluating whether a fine followed the statute, these are the points that commonly come up:

• The specific rule or covenant cited
• The date notice was given, where it was sent, and the date of the hearing opportunity
• The names and independence of the committee members
• Whether the committee actually voted to approve the fine
• When the written findings arrived, and the payment date they set

Because the committee is appointed by the board, board minutes are one place its appointment may show up. "The minutes of all meetings of the board of directors and of the members" are official records under §720.303(4)(a)6., and §720.303(5)(a) makes official records available to a parcel owner "within 10 business days after receipt by the board or its designee of a written request from the parcel owner."

A gap in any of these is the kind of thing a homeowner may want a licensed attorney to review. How the committee hearing itself tends to run is covered in what to expect at a Florida HOA fine hearing, and the points homeowners commonly raise when contesting a fine are in challenging an HOA fine in Florida. HOARebel's free Florida HOA fine check runs through the same notice, committee, and dollar-cap questions one at a time.

Sources

• §720.305, Florida Statutes — Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights
• §720.303, Florida Statutes — Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls
• §720.302, Florida Statutes — Purposes, scope, and application