A Florida condominium, HOA, or cooperative association can fine an owner for violating the declaration, bylaws, or rules, but a fine levied by the board cannot be imposed until the owner gets at least 14 days' written notice and an opportunity for a hearing before a committee of at least three independent members (§ 718.303(3)(b); § 720.305(2)(b); § 719.303(3)(b), Fla. Stat.). Fines are capped at $100 per violation and $1,000 in the aggregate.
The manager's checklist
- Document the violation. Date-stamped photos, the complaint, the provision of the declaration, bylaws, or rules involved, and any prior courtesy letters. Fines are for failing to comply with "the declaration, the association bylaws, or reasonable rules of the association" (§ 718.303(3); § 720.305(2); § 719.303(3)).
- Check consistency. Before recommending a fine, confirm the association has enforced the same rule the same way against others. Use the selective enforcement worksheet.
- HOAs: check the prohibited list. 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 holiday decorations left up longer than the governing documents allow, unless they stay up more than 1 week after written notice (§ 720.305(7)(a)–(b)). This overrides contrary governing documents.
- Put the proposed fine before the board. The statutes describe a fine "levied by the board," so the board decides the amount and any suspension at a properly noticed board meeting. Keep to the caps: $100 per violation, and for a continuing violation a daily fine with a single notice and hearing, up to $1,000 in the aggregate (§ 718.303(3); § 719.303(3)). HOA caps are the same "unless otherwise provided in the governing documents" (§ 720.305(2)).
- Send the 14-day hearing notice. At least 14 days' written notice of the right to a hearing to the owner and, in condos and co-ops, any tenant, licensee, or invitee (§ 718.303(3)(b); § 719.303(3)(b)). In an HOA, send it to the owner's designated mailing or e-mail address in the official records. The HOA notice must 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 held by phone or video (§ 720.305(2)(b)).
- Seat a qualified 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 (§ 718.303(3)(b); § 720.305(2)(b); § 719.303(3)(b)).
- Hold the hearing on time. HOAs must hold it within 90 days after the notice is issued, and the owner has the right to attend by telephone or other electronic means (§ 720.305(2)(b)). In an HOA, if the violation is cured before the hearing, or in the manner specified in the notice, no fine or suspension may be imposed (§ 720.305(2)(e)).
- Record the committee vote. The committee only confirms or rejects the board's proposed fine or suspension. If a majority does not approve it, it cannot be imposed (§ 718.303(3)(b); § 720.305(2)(c); § 719.303(3)(b)).
- Send the written decision.
- Condo: written notice of the approved fine or suspension by mail or hand delivery; payment is due 5 days after that notice is provided (§ 718.303(3)(b)).
- HOA: within 7 days after the hearing, the committee gives written notice of its findings, including any fine or suspension, to the owner's designated mailing or e-mail address (§ 720.305(2)(d)). The committee must set a payment date at least 30 days after delivery of that notice (§ 720.305(2)(f)).
- Co-op: payment is due 5 days after the committee meeting at which the fine is approved (§ 719.303(3)(b)).
- Hold attorney fees until the right time (HOA). Fees and costs may not be awarded based on board actions before the payment date and may not begin to accrue until after that date and the time for an appeal has expired (§ 720.305(2)(f)–(g)).
How it differs: condo, HOA, co-op
| Issue | Condominium § 718.303(3) | HOA § 720.305(2) | Cooperative § 719.303(3) |
|---|---|---|---|
| Notice before hearing | 14 days, written | 14 days, written, with required contents | 14 days, written |
| Committee | 3+ independent members | 3+ independent members | 3+ independent members |
| Hearing deadline | None in statute | Within 90 days of notice | None in statute |
| Remote attendance | Not addressed | Owner may attend by phone/electronic means | Not addressed |
| Cure before hearing bars fine | Not in statute | Yes | Not in statute |
| Written findings | Notice of approved fine (mail or hand delivery) | Within 7 days after hearing | Not in statute |
| Payment due | 5 days after notice of approved fine | At least 30 days after written findings delivered | 5 days after committee meeting |
| Caps | $100/violation; $1,000 aggregate | Same, unless governing documents provide otherwise | $100/violation; $1,000 aggregate |
| Lien | A fine may not become a lien | A fine under $1,000 may not become a lien | A fine may not become a lien |
| Prohibited fines | None listed | Garbage receptacles, holiday decorations (§ 720.305(7)) | None listed |
The HOA rules changed significantly on July 1, 2024 (HB 1203), which added the 90-day hearing deadline, 7-day written findings, the 30-day payment window, the attorney-fee timing, and the garbage-can and holiday-decoration prohibitions. Your declaration may add procedures, so check it before the first letter goes out.
Manager or lawyer?
Usually manager work (ministerial)
- Inspections, photos, and violation logs
- Sending courtesy letters and statutory hearing notices from the board's decision
- Calculating the 14-day, 7-day, and 30-day dates from the statute's face
- Scheduling the committee hearing and keeping the minutes
Call association counsel when…
- It's unclear whether the rule is valid, reasonable, or properly adopted
- The owner raises selective enforcement, a disability accommodation, or a fair housing issue
- The board wants to exceed the caps or rely on governing-document fine provisions
- The owner has a lawyer, or the board is considering suspension, a lawsuit, or presuit mediation
- You'd be drafting a new rule or amendment
Under The Florida Bar re Advisory Opinion – Activities of Community Association Managers, No. SC13-889 (Fla. May 14, 2015), ministerial tasks are permitted, but reaching a legal conclusion by interpreting statutes or case law is the practice of law.
Common mistakes
- Putting a director, an officer, or a director's spouse or sibling on the fining committee.
- Letting the committee set or raise the fine amount. Its role is to confirm or reject what the board levied.
- In an HOA, holding the hearing more than 90 days after notice, or fining an owner who cured before the hearing.
- Demanding payment in 5 days in an HOA, where at least 30 days are required.
- Fining for garbage cans or holiday lights in an HOA under the old rules.
- Recording a fine as a lien.
Frequently asked questions
Can the board skip the hearing if the owner admits the violation?
The statutes say the fine "may not be imposed" without 14 days' notice and an opportunity for a hearing. Send the notice; the owner can choose not to attend.
Can board members watch or speak at the hearing?
The statutes limit who sits on the committee, not who attends. Board members presenting the violation should not deliberate or vote with the committee. If the hearing turns adversarial, call counsel.
What if the owner cures the violation after the notice goes out?
In an HOA, a violation cured before the hearing, or in the manner specified in the notice, cannot be fined (§ 720.305(2)(e)). The condo and co-op statutes have no matching provision, so check the governing documents and ask counsel before fining a cured violation.
Can we fine every day until the violation is fixed?
Yes, a daily fine for a continuing violation is allowed with a single notice and hearing, but it stops at $1,000 in the aggregate (in an HOA, unless the governing documents provide otherwise).
Can we collect unpaid fines with a lien?
Not in a condo or co-op, where a fine may not become a lien. In an HOA, a fine under $1,000 may not become a lien. Talk with counsel before taking any collection step on fines.
Related resources
- Violation enforcement flowchart
- Fining committee hearing checklist
- Selective enforcement review worksheet
- Manager or lawyer?
- Condominium law · HOA law · Cooperative law
Talk to association counsel
If an owner disputes a violation, raises an accommodation request, or has hired a lawyer, bring in association counsel before the hearing. Call Hamilton Mikes, P.A. at 239-594-7227 or reach us through our contact page.
Statutes and authorities referenced
- § 718.303(3), Fla. Stat. (condominium fines and suspensions)
- § 720.305(2), Fla. Stat. (HOA fines and suspensions)
- § 720.305(7), Fla. Stat. (HOA prohibited fines)
- § 719.303(3), Fla. Stat. (cooperative fines and suspensions)