- What must a violation notice include in Florida?
- For HOAs, F.S. § 720.305(2)(b) (as amended by HB 1203 in 2024) requires a fine or suspension notice to include a description of the alleged violation, the specific action required to cure it (if applicable), and the hearing date, location, and access information if the hearing is held by telephone or other electronic means. The notice must give at least 14 days' written notice of the owner's right to a hearing before an independent committee, and the hearing must be held within 90 days of the notice. Practically, every notice should also identify the association, the owner, and the unit or lot, and state the rule or covenant at issue. For condos (§ 718.303(3)) and co-ops (§ 719.303(3)), the same 14-day hearing-right notice and independent-committee requirements apply.
- What is the cure period for an HOA violation in Florida?
- Florida statute does not set a fixed cure period - the association's governing documents typically specify one, commonly 14 days. What the statute does require is that a fine or suspension may not be imposed without at least 14 days' written notice of the owner's right to a hearing under F.S. § 720.305(2)(b). Under HB 1203, if the violation is cured before the hearing or in the manner specified in the written notice, no fine or suspension may be imposed (F.S. § 720.305(2)(e)). The cure window and the 14-day hearing-right notice are separate requirements.
- Can a Florida HOA fine a homeowner without a hearing?
- No. Under F.S. § 720.305(2)(b), a Florida HOA cannot impose a fine or suspension without first providing the owner at least 14 days' written notice of the right to a hearing before a committee of at least three members who are not officers, directors, or employees of the association, nor the spouse, parent, child, brother, or sister of one. If the committee does not approve the proposed fine by majority vote, it may not be imposed. The same independent-committee rule applies to condos (§ 718.303(3)) and co-ops (§ 719.303(3)).
- What is the maximum fine a Florida HOA can impose?
- Under F.S. § 720.305(2), an HOA fine may not exceed $100 per violation, and for a continuing violation may not exceed $1,000 in the aggregate - unless the governing documents provide otherwise. A fine may be levied for each day of a continuing violation with a single notice and opportunity for a hearing. Importantly, an HOA fine of less than $1,000 may not become a lien against the parcel; only fines of $1,000 or more may. For condos (§ 718.303(3)) and co-ops (§ 719.303(3)), the $100/$1,000 caps are hard caps, and a fine may never become a lien against the unit.
- When is an HOA fine due, and can it become a lien?
- For HOAs, after the hearing the committee must give the owner written notice of its findings within 7 days (F.S. § 720.305(2)(d)), and any pay-by date must be at least 30 days after delivery of that notice (§ 720.305(2)(f)). Attorney fees and costs may not accrue until after that payment date and after the time for an appeal has expired. An HOA fine becomes lien-eligible only at $1,000 or more. For condos, the fine is due 5 days after notice of the approved fine is provided; for co-ops, 5 days after the committee meeting at which it is approved (§ 718.303(3)(b), § 719.303(3)(b)) - and neither a condo nor a co-op fine may become a lien.
- Are there violations a Florida HOA cannot fine for?
- Yes. Under F.S. § 720.305(7) (added by HB 1203), notwithstanding the governing documents, an HOA may not fine or suspend for leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated collection day or time, or for leaving holiday decorations or lights up longer than the governing documents allow - unless they are left up more than one week after the association provides written notice of the violation.
- Can a Florida HOA suspend an owner's access to amenities for violations?
- Yes. For a violation, an HOA may suspend the use of common areas and facilities, subject to the same 14-day hearing-right notice and independent-committee approval as a fine (F.S. § 720.305(2)). Separately, if an owner is more than 90 days delinquent on any fee, fine, or monetary obligation, the association may suspend common-area use rights until paid in full - and that delinquency-based suspension does not require the fine subsection's notice-and-hearing process (§ 720.305(3)). Delinquency-based use and voting suspensions must be approved at a properly noticed board meeting, with written notice to the owner (§ 720.305(5)). Suspensions may not bar access to a parcel or to utility services.