Suspension of use rights and fines

Common Elements summary — Section 720.3105 is the HOA fine-and-suspension statute, parallel to condo 718.303. The association can fine a member up to $100 per violation, with a $1,000 aggregate cap for continuing violations, AND can suspend the member's right to use common areas and recreational facilities (pool, clubhouse, gym, etc.) for cause. Voting rights can be suspended only for monetary delinquencies over 90 days past due. The procedural requirements are absolute: (1) at least 14 days' written notice of the alleged violation and the proposed fine or suspension; (2) an opportunity for a hearing before a committee of at least three members who are not officers, directors, or employees of the association and not related to officers, directors, or employees; (3) the committee must affirmatively vote to approve the fine or suspension — if it doesn't, the sanction cannot be imposed; (4) the member must be notified of the committee's decision in writing. Common board mistakes: appointing a committee of three board members (disqualified), holding the hearing in executive session without notice (procedurally void), or "deeming" the fine imposed when the member doesn't appear at the hearing (still requires the committee vote). Build the committee BEFORE you need it. Document everything.