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.

The required sequence

1. The violation must be of the governing documents or reasonable rules. An association can fine only for breaking something actually in the declaration, bylaws, or duly adopted rules.
2. The board levies the fine. Authority to fine has to exist in the governing documents.
3. Notice and a 14-day opportunity for a hearing. The homeowner (and, if applicable, any tenant, licensee, or invitee) must receive notice and a chance to be heard.
4. A committee must approve it. A fine may not be imposed unless an independent committee agrees with it.

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

The committee is the linchpin

This is the provision boards most often get wrong. The hearing committee must consist of at least three members appointed by the board who are not officers, directors, or employees of the association, and not the spouse, parent, child, brother, or sister of an officer, director, or employee.

If the committee does not agree with the proposed fine, the fine may not be imposed. The committee is not a rubber stamp — it's a check on the board.

"The committee must consist 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), 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.

Dollar caps and liens

Under §720.305(2):

• A fine may not exceed $100 per violation unless the governing documents provide otherwise.
• A fine may be levied per day for a continuing violation, with a single notice and opportunity for hearing, but the total may not exceed $1,000 in the aggregate unless the governing documents authorize a greater amount.
• A fine of less than $1,000 may not become a lien against a parcel.

Suspensions are different

The same section lets an association suspend, for a reasonable period, the right to use common areas and facilities for failure to pay any monetary obligation that is more than 90 days delinquent. Use-rights suspensions and fines have related but distinct rules, so a notice about one does not necessarily cover the other.

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 and the date of the hearing opportunity
• The names and independence of the committee members
• Whether the committee actually voted to approve the fine

A gap in any of these is the kind of thing a homeowner may want a licensed attorney to review.

Sources

• §720.305, Florida Statutes — Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights