Current through the 2026 regular session, this page covers section 720.305, the HOA enforcement and fining statute. Nothing changed in it in 2025 or 2026. What a board is operating under was written across two earlier sessions: Ch. 2023-228, effective October 1, 2023, and Ch. 2024-221, effective July 1, 2024. The procedure is prescriptive and the steps are numbered. A fine that skips one of them is not a smaller fine. It is an unenforceable one.
2026 and 2025: no change to section 720.305
The history line of section 720.305 ends with s. 58, ch. 2024-2 and s. 7, ch. 2024-221. There is no 2025 citation and no 2026 citation. HB 913, the 2025 omnibus, amended Chapters 468, 553, 718, 719 and 721 and did not reach Chapter 720. No 2026 bill amending HOA enforcement passed.
HB 657, the 2026 community association omnibus, would have made changes across HOA governance including presuit mediation. It passed the House 108 to 2 on March 5, 2026 and died in Senate Rules on March 13, 2026. A board that adopted an enforcement policy in anticipation of it should unwind that policy.
So the useful statement for a board in 2026 is a negative one. If your fining procedure was drafted against the statute as it read on July 1, 2024, it is still current. If it was drafted before October 1, 2023, it is two sessions out of date.
2024: Ch. 2024-221 and the subsection (7) limits
CS/CS/HB 1203, Ch. 2024-221, effective July 1, 2024, amended section 720.305 at s. 7. It is the act most often credited with the current fining procedure, and it also added the subsection that tells a board what it may not fine for at all.
Section 720.305(7) removes two everyday enforcement targets. An association may not fine an owner for leaving a garbage receptacle at the curb within 24 hours before or after the designated collection time, and may not fine for holiday decorations left up longer than one week after written notice. Those are narrow, and they are also the two complaints that generate the most owner correspondence per dollar of value to the community.
The same session added section 720.3045 amendments on items that are not visible from the parcel's frontage, from an adjacent parcel, from an adjacent common area or from a community golf course. An enforcement letter about a shed, a clothesline, a vegetable garden, artificial turf or a boat should be checked against that section before it goes out, not after. Our guide to covenant enforcement covers the pre-letter review.
2023: the session boards skip
CS/CS/HB 919, Ch. 2023-228, effective October 1, 2023, amended section 720.305 at s. 4, along with sections 720.303, 720.3033 and 720.3065. The bill summary describes it as revising HOA provisions relating to official records, fines and suspensions, attorney fees and costs, liens, and removing and reinstating certain officers and directors. It also created criminal and civil penalties for certain acts by officers, directors and managers, including kickbacks, and criminal penalties for fraudulent voting activity.
For enforcement, the 2023 act is where the attorney fee and lien language in the current subsection (2) begins. A board reconstructing why a sentence is in section 720.305 should check both chapter laws. Treating everything as HB 1203 produces a tidy story and an inaccurate one.
The procedure, step by step
Section 720.305(2) sets out a sequence. Each step carries a number, and the numbers are the part that gets litigated.
- The board levies. The association may levy reasonable fines against a member, the member's tenant, guest or invitee for failure to comply with the declaration, bylaws or reasonable rules. The board imposes the fine. The committee does not.
- At least 14 days written notice. The member and, if applicable, the tenant, licensee or invitee must be given at least 14 days written notice of the hearing.
- The notice must say three things. A description of the alleged violation, the specific action required to cure the violation if applicable, and the date of the hearing. A notice that recites a covenant number and nothing else does not satisfy this.
- Cure ends it. If the violation is cured before the hearing, or in the manner specified in the written notice, no fine or suspension may be imposed.
- The hearing is before a committee. At least three members appointed by the board who are not officers, directors or employees of the association, or the spouse, parent, child, brother or sister of an officer, director or employee.
- The committee approves or rejects. If the committee does not approve the fine or suspension by majority vote, it may not be imposed.
- Written findings within 7 days. The committee must provide written notice of its findings to the member, and to any tenant, licensee or invitee, within 7 days after the hearing.
- A payment date at least 30 days out. If the fine is approved, the committee must set the date by which it must be paid, and that date must be at least 30 days after delivery of the written notice of findings.
- Fees come last. Attorney fees and costs may not be added until after the payment date has passed and any appeal period has expired.
The caps, and why they are not the same as a condominium's
Section 720.305(2) caps a fine at $100 per violation unless otherwise provided in the governing documents. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, but the aggregate may not exceed $1,000 unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel.
Read those three sentences together and the HOA rule inverts the condominium rule twice.
| HOA, § 720.305(2) | Condominium, § 718.303(3) | Cooperative, § 719.303(3) | |
|---|---|---|---|
| Per violation cap | $100, unless the documents provide otherwise | $100, no override | $100, no override |
| Aggregate cap on a continuing violation | $1,000, unless the documents provide otherwise | $1,000, no override | $1,000, no override |
| Can a fine become a lien | Yes, at $1,000 or more | Never | Never |
| Use rights suspension for delinquency | More than 90 days | More than 90 days | More than 90 days |
| Voting rights suspension for delinquency | More than 90 days | More than $1,000 and more than 90 days | More than 90 days |
Two practical results. First, an HOA whose declaration sets a higher fine is probably entitled to charge it, which is the opposite of the advice a condominium board receives. Second, an HOA fine can support a lien once it reaches $1,000, which changes the collection analysis entirely and brings section 720.3085 into play. Neither result is available to a condominium. This is the single most common cross chapter error we see in Southwest Florida enforcement files.
Section 719.303, the cooperative fining statute, has not been amended since Ch. 2018-96, which is worth knowing if your firm or manager keeps one form for all three chapters.
Suspensions run on a separate track
Suspension for delinquency is not a fine and does not use the fining procedure. Section 720.305(3) allows the association to suspend, for a reasonable period, the right of a member or a member's tenants, guests and invitees to use common areas and facilities if the member is more than 90 days delinquent in paying a fee, fine or other monetary obligation. The suspension runs until the obligation is paid in full. It may not impair the right of an owner or tenant to have vehicular and pedestrian ingress to and egress from the parcel, including the right to park. No hearing before the committee is required for this suspension.
Section 720.305(4) allows suspension of voting rights on the same 90 day delinquency. A voting interest suspended under that subsection is not counted toward the total number of voting interests for any purpose, including for a quorum, for the percentage needed to approve an action, and for the percentage needed to constitute a quorum. The suspension ends on full payment.
That non-counting rule cuts both ways at an annual meeting. Suspending a block of delinquent voting interests lowers the denominator, which can make an amendment vote easier to pass and can make a quorum easier to reach. It is a governance decision with arithmetic consequences, and it should be made deliberately rather than as an automatic collections step. Our page on fines, hearings and suspensions walks through the sequencing.
What section 720.305(1) still does, quietly
Enforcement did not begin with the fining procedure and does not end there. Section 720.305(1) provides that each member and the member's tenants, guests and invitees, and the association, are governed by and must comply with the governing documents, and that actions at law or in equity, or both, to redress an alleged failure to comply may be brought by the association or by a member against the association, a member, a director or an officer. The prevailing party in any such litigation is entitled to recover reasonable attorney fees and costs.
That fee provision is what gives HOA enforcement its financial weight, and it points in both directions. A member who prevails against the association may also recover additional amounts as determined by the court for the member's share of the association's expenses of the litigation, which is a provision with no condominium analogue and one that should be read before the association files.
There are also practical limits that are not in the statute at all. Selective enforcement, waiver, and the age and clarity of the covenant relied on are defenses built in Florida case law rather than in Chapter 720. A covenant that has gone unenforced for fifteen years is a weaker instrument than the same covenant enforced consistently, whatever the statute permits. Our pages on enforcing old restrictions and running an HOA fining committee take these up.
What to check before the next hearing
- Confirm the committee has at least three members and that none is an officer, director or employee of the association or a spouse, parent, child, brother or sister of one. Document the check in the minutes.
- Pull the standard violation notice and confirm it states the alleged violation, the specific cure where one is possible, and the hearing date.
- Confirm the calendar reflects 14 days before the hearing, 7 days after for written findings, and 30 days after delivery of findings before payment is due.
- Confirm no attorney fee or cost is added to a fine before the payment date and appeal period have run.
- Check the declaration to see whether it raises the $100 and $1,000 caps. If it does, the higher figures are available. If it is silent, they are not.
- Remove garbage receptacle and holiday decoration items from the enforcement calendar to the extent section 720.305(7) covers them, and screen every visibility based violation against section 720.3045 before the letter goes out.
Frequently Asked Questions About HOA Fining and Enforcement Changes
Did the HOA fining law change in 2025 or 2026?
No. The history line of section 720.305 ends at Ch. 2024-2 and Ch. 2024-221. HB 913, the 2025 omnibus, did not amend Chapter 720 at all, and no 2026 bill amending HOA enforcement passed. HB 657 would have made broader changes but died in Senate Rules on March 13, 2026 after passing the House.
Who can sit on the fining committee?
At least three members appointed by the board who are not officers, directors or employees of the association, and who are not the spouse, parent, child, brother or sister of an officer, director or employee. A committee that does not meet that description cannot validly approve a fine or suspension, and the defect is usually fatal to the fine rather than curable later.
Can an HOA fine become a lien?
Only at $1,000 or more. Section 720.305(2) provides that a fine of less than $1,000 may not become a lien against a parcel. This is the opposite of the condominium and cooperative rule, where sections 718.303(3) and 719.303(3) provide that a fine may never become a lien regardless of amount.
Can our documents allow fines above $100?
Yes, if they say so. The $100 per violation cap and the $1,000 aggregate cap in section 720.305(2) each carry the qualifier unless otherwise provided in the governing documents. Chapters 718 and 719 have no such override. Read the declaration before assuming either figure is a ceiling or a floor.
When can we add attorney fees to a fine?
Not until after the payment date set by the committee has passed and any appeal period has expired. The committee must set that date at least 30 days after delivery of its written notice of findings, and the findings themselves are due within 7 days after the hearing. Adding fees earlier is a common defect in HOA fine ledgers.
Do we need a hearing before suspending common area use for nonpayment?
No. Suspension of common area use rights under section 720.305(3) for a delinquency of more than 90 days does not require a hearing before the committee. The suspension may not impair vehicular or pedestrian ingress and egress to the parcel, including the right to park, and it ends when the obligation is paid in full.
Contact Hamilton Mikes
Hamilton Mikes builds and defends covenant enforcement programs for homeowners and master association boards in Lee, Collier and Charlotte Counties, from the violation notice through the hearing and, where it is warranted, into court. Call 239-594-7227 or visit our Covenant Enforcement page.
Statutes and authorities referenced
- § 720.305(1), Fla. Stat. (compliance with the governing documents; actions at law or in equity; prevailing party attorney fees; member recovery for a share of association litigation expenses)
- § 720.305(2), Fla. Stat. (fines and suspensions; $100 per violation and $1,000 aggregate caps, each overridable by the governing documents; no lien under $1,000)
- § 720.305(2), Fla. Stat. (14 day written notice; contents of the notice; cure before hearing; committee of at least three non-officer, non-director, non-employee members and non-relatives; 7 day written findings; payment date at least 30 days after delivery; attorney fees only after the payment date and appeal period)
- § 720.305(3), Fla. Stat. (suspension of common area use rights for delinquency over 90 days; no hearing required; ingress and egress preserved)
- § 720.305(4), Fla. Stat. (suspension of voting rights for delinquency over 90 days; suspended interests not counted for quorum or approval percentages)
- § 720.305(7), Fla. Stat. (no fine for garbage receptacles at the curb within 24 hours of collection or for holiday decorations within one week of written notice)
- § 720.3045, Fla. Stat. (items not visible from the parcel frontage, an adjacent parcel, an adjacent common area or a community golf course)
- § 720.3085, Fla. Stat. (assessment liens and collection)
- § 718.303(3), Fla. Stat. (condominium comparison; caps not overridable; fine may never become a lien; voting suspension over $1,000 and over 90 days)
- § 719.303(3), Fla. Stat. (cooperative comparison; not amended since Ch. 2018-96)
- Session laws: Ch. 2023-228 (CS/CS/HB 919), eff. Oct. 1, 2023; Ch. 2024-2; Ch. 2024-221 (CS/CS/HB 1203), eff. July 1, 2024; Ch. 2025-175 (CS/CS/HB 913, which did not amend Ch. 720)