Obligations of owners and occupants; remedies

Common Elements summary — Section 718.303 is the condo enforcement statute. It confirms that every unit owner, tenant, occupant, and guest must comply with the declaration, bylaws, rules, and chapter 718. The association's remedies are (a) a damages action, (b) injunctive relief, (c) any other relief available at law or in equity, AND (d) the right to levy a fine of up to $100 per violation, with a cap of $1,000 in the aggregate for a continuing violation, after notice and a hearing before an independent committee of unit owners. Two procedural rules trap boards: (1) the fine cannot be levied until the violator has been given at least 14 days' written notice and an opportunity to be heard before a committee of at least three owners who are not officers, directors, or employees of the association and who are not related to officers, directors, or employees; (2) the committee must vote to approve the fine — if it doesn't, the fine cannot be imposed. For boards: build the committee BEFORE you need it, document the hearing in writing, and never let a board member sit on the committee. Skipping the hearing is the #1 way associations lose fine-collection suits.

Not legal advice. Click through to the official source for statutory text.