A fine notice that arrives already assessed, with no hearing date and no chance to respond, is more common than many Florida homeowners expect. In most situations, that is not how the law works. Section 720.305 of the Florida Statutes sets out a specific sequence a homeowners association must complete before HOA fines take effect, and skipping a step can leave the association with fines it cannot enforce.

Fines Almost Always Require a Hearing, but Some Suspensions Do Not

Florida law draws a sharp line between two kinds of association action, and confusing them causes most of these disputes. A fine for violating the declaration, bylaws, or rules requires advance notice and a hearing, as does a suspension of common area use rights based on a rule violation.

The rule changes when money is owed. Under section 720.305, an association may suspend common area use rights and voting rights when a member is more than 90 days delinquent on a fee, fine, or other monetary obligation, and the notice and hearing requirements do not apply to those suspensions. Those suspensions require only approval at a properly noticed board meeting and written notice to the owner. A homeowner four months behind on assessments can lose pool access without ever appearing before a committee, yet the same homeowner cannot be fined for an unapproved mailbox unless the full process is completed first.

The Steps an Association Must Complete Before a Fine Takes Effect

The board acts first by levying a proposed fine. The association must then deliver at least 14 days written notice of the owner’s right to a hearing, sent to the address designated in the association’s official records and to any occupant, licensee, or invitee who faces the fine. The notice must describe the alleged violation, state the specific action required to cure it when a cure is possible, and give the hearing date and location, including access information for a hearing held by telephone or other electronic means.

The hearing must be held within 90 days after the notice is issued. Within seven days after the hearing, the committee must send written findings stating what it approved or rejected and how the violation may be cured. If HOA fines aew approved, the committee must set a payment date no earlier than 30 days after those findings are delivered. Our earlier article on how Florida HOA fines are issued walks through that sequence in greater detail.

“…skipping a step can leave the association with HOA fines it cannot enforce.”

The Fining Committee Is Not as Independent as Its Name Suggests

The hearing is often described as taking place before an independent committee, but the label overstates reality, because the board appoints the members. What qualifies the committee is who its members are not. Section 720.305 calls for at least three members who are not officers, directors, or employees of the association, and who are not the spouse, parent, child, brother, or sister of one. The committee should also be properly formed, meaning the appointment appears on the agenda of a duly noticed board meeting and is approved by board motion.

The committee’s authority is narrow but genuine. Its role is limited to confirming or rejecting the fine the board has already levied. If a majority of the committee does not approve the fine, it may not be imposed. The committee does not investigate, set the amount, or decide the violation itself.

Associations once argued that a homeowner who never requested a hearing had given up the right to one. A 2023 amendment removed the older language about an opportunity for a hearing, and the better reading of the current statute is that the hearing must take place whether the accused owner appears or not.

Curing the Violation Before the Hearing Ends the Matter

If the violation is cured before the hearing, or cured in the manner described in the association’s written notice, a fine or suspension may not be imposed at all. A homeowner who repaints a fence to an approved color after receiving notice has removed the association’s authority to fine for that violation.

What an Improperly Imposed Fine Can and Cannot Do

Fines are capped at $100 per violation and $1,000 in the aggregate for a continuing violation, unless the governing documents permit a higher amount. HOA fines of less than $1,000 may not become a lien against a parcel, so a fine below that threshold is a money claim rather than a threat to the title of the home. Condominium fines are treated more strictly, since they may never become a lien.

Attorney fees follow the outcome, because the prevailing party in an action to recover a fine is entitled to reasonable fees and costs. Amendments effective in 2024 also barred any award of fees against a parcel owner based on board actions taken before the date set for payment.

Practical Steps When the Process Was Not Followed

A homeowner who suspects a fine was imposed without a valid hearing should start with the paper trail. The relevant records include the violation notice, the board agenda and minutes appointing the committee, and the committee’s written findings. Gaps in that record are frequently what makes a fine unenforceable, and associations benefit from the same review before collecting.

Because the statute shifts fees to the prevailing party, a disputed fine of a few hundred dollars can generate legal costs many times larger. It is highly recommended that homeowners and boards alike have the file evaluated by an experienced Florida attorney before a fine dispute becomes litigation.

South Florida Law

South Florida Law represents homeowners and community associations in covenant enforcement and governance disputes throughout South Florida. The firm reviews violation notices, committee procedures, and governing documents to determine whether HOA fines were validly imposed. If you have a specific matter related to this complex and nuanced legal topic, be sure not to “go it alone”. Homeowners and HOAs that attempt to resolve legal issues without the advice of an experienced legal professional often end up losing their case or not achieving their goals. Call us on (954) 900-8885 or reach out via our contact form.