In Florida, homeowners' associations are governed by Chapter 720 of the Florida Statutes, the Homeowners' Association Act. (Condominiums are governed separately by Chapter 718 — this guide is about HOAs.) Chapter 720 sets the floor: your association's declaration and bylaws can add to your obligations, but they cannot take away the rights the statute gives you.
The themes that run through the whole statute are notice, transparency, and due process. An HOA must tell you what you did, give you a chance to respond, follow its own documents, and open its books. Most disputes are won by holding the board to those requirements.
Fines and penalties (§720.305)
A Florida HOA can fine you only for violating the governing documents or duly adopted rules — and only by following a procedure.
"A fine may not exceed $100 per violation ... A fine of less than $1,000 may not become a lien against a parcel." — §720.305(2), Fla. Stat.
Homeowners are also entitled to at least 14 days' notice and an opportunity for a hearing before an independent committee. For more, see Challenging an HOA Fine in Florida and HOA Fining Procedures in Florida.
Records requests (§720.303)
The association's official records belong to the membership. After a written request sent by certified mail, the association must make records available within 10 business days — or face a rebuttable presumption of willful non-compliance and minimum damages.
"The minimum damages are $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request." — §720.303(5), Fla. Stat.
More on what the statute defines as official records: Florida HOA Records: What Homeowners Are Entitled To.
Hearings and due process
Before a fine or suspension, a homeowner is entitled to a hearing before a committee of at least three members who are not officers, directors, or employees of the association — or their close relatives. If the committee does not agree with the fine, it cannot be imposed. More on how these hearings work: HOA Hearings in Florida: What to Expect.
Meetings and notice (§720.303(2))
Board meetings must generally be open to members, with notice posted in advance. Meetings where assessments or rules are on the agenda carry heightened notice requirements. Members have the right to attend and, subject to reasonable rules, to speak on agenda items. Minutes are official records you can inspect.
Selective enforcement
Where an association enforces a rule against one owner while ignoring the same conduct next door, Florida courts have recognized a selective enforcement defense — a doctrine rooted in case law. See Selective Enforcement: How Florida Courts Treat Uneven HOA Enforcement.
Where to file a complaint
Florida law requires pre-suit mediation for many HOA covenant disputes under §720.311 before going to court — though the collection of a fine or assessment is excluded from that requirement. For election and recall disputes, binding arbitration through the Florida Department of Business and Professional Regulation (DBPR) may be available. The right forum depends on the nature of the dispute, which is something a licensed attorney can help sort out.
Frequently asked questions
Can my HOA fine me without a hearing?
No. You're entitled to notice and an opportunity for a hearing before an independent committee. A fine imposed without that process is procedurally defective.
Can the HOA put a lien on my house over a fine?
Not for a fine under $1,000. Larger amounts and unpaid assessments are a different matter.
How long does the HOA have to give me records?
10 business days after it receives your written request.
Does this guide cover condos?
No — condominiums fall under Chapter 718. This guide is HOAs (Chapter 720) only.