Can an HOA Fine You in Florida?
Yes, but Florida law sets rules the board must follow first. If those steps are skipped, the fine may not be valid.
The basics under Florida law
Chapter 720 of the Florida Statutes governs most homeowners' associations. An association can fine owners only if its governing documents allow it, and the fine must follow the statute's limits.
- Dollar limits. A fine generally cannot exceed $100 per violation. For a continuing violation, the total generally cannot exceed $1,000 unless the governing documents allow more.
- Written notice. The owner must receive at least 14 days' notice of a hearing. The notice must describe the alleged violation, any action needed to fix it, and the hearing date, location, and how to attend.
- An independent committee. The board appoints a committee of at least three members who are not officers, directors, or employees, or their spouses, parents, children, or siblings.
- Committee approval. A majority of the committee must approve the fine. If not, it cannot be imposed.
- Written result. The outcome is to be sent in writing within 7 days of the hearing.
- Fixing the problem. If you cure the violation before the hearing or before the fine is due, the association generally cannot collect it.
Unpaid fines also generally cannot become a lien against your home, though unpaid assessments can. Confirm the current rules with an attorney.
Suspending use of amenities
Associations may suspend an owner's right to use common facilities for violations or unpaid amounts, under the same notice and hearing procedure. They generally cannot block access to your own home.
If you receive a fine notice
- Read the notice carefully and check it against your governing documents.
- Attend the hearing, in person or by phone or video if allowed, and bring photos, receipts, or other proof.
- Cure the problem promptly if the violation is real. That can end the matter.
- Keep every letter and email.
- Consider an attorney if the fine is large or the process seems wrong.
Condominiums are different
Condominium associations fall under Chapter 718, which has its own, similar but separate rules. If you live in a condo, check that chapter and your declaration.