Florida HOA Fines & Suspensions: Fla. Stat. 720.305

What the law covers

Florida Statute 720.305 governs the obligations of parcel owners, tenants, guests, invitees, and homeowners' associations. It allows associations or members to bring actions at law or in equity against members, associations, officers or directors who willfully and knowingly fail to comply, or occupants using common areas.

Please note that the association's governing documents and later amendments may also apply alongside this statute.

Key requirements and limits

The statute sets specific monetary and operational limits on association enforcement:

• Fine Caps: A fine may not exceed $100 per violation unless otherwise provided in the governing documents. For continuing violations, fines capped at $1,000 in aggregate with a single notice and hearing opportunity, unless governing documents state otherwise.
• Liens: A fine of less than $1,000 cannot become a lien against a parcel.
• Common Area Suspensions: Suspensions of common area use cannot restrict access to utility services or prohibit vehicular and pedestrian ingress and egress to the parcel, including the right to park.
• Monetary Delinquency (>90 Days): If a member is more than 90 days delinquent on a fee, fine, or monetary obligation, the association may suspend common area access rights and voting rights. Suspended voting interests are removed from total voting interest calculations for quorums, elections, and approvals.
• Prohibited Penalties: Associations cannot fine or suspend for garbage receptacles left at the curb within 24 hours before or after the designated collection day or time. They also cannot fine or suspend for holiday decorations left up past governing document deadlines, unless left up for more than 1 week after written notice.

Notice, hearing and deadlines

Imposing fines or rule-based suspensions requires adherence to procedural timelines:

• Advance Notice: At least 14 days' written notice of the right to a hearing must be sent to the parcel owner's designated mailing or email address in official records.
• Hearing Timeline: The hearing must occur within 90 days after issuance of the notice.
• Committee Composition: The hearing must be held before a committee of at least 3 members appointed by the board who are not officers, directors, or employees, nor the spouse, parent, child, brother, or sister of an officer, director, or employee.
• Written Findings: Within 7 days after the hearing, the committee must provide written notice of its findings, approved or rejected fines/suspensions, cure procedures, or payment deadlines.
• Payment Deadline: If a fine is approved by majority vote and not cured, the committee sets a payment date at least 30 days after delivery of the written notice.
• Delinquency Exception: Suspensions for nonpayment overdue by more than 90 days do not require the 14-day committee notice and hearing process, but must be approved at a properly noticed board meeting, followed by written notice via mail or hand delivery.

Practical checklist for homeowners

• Read your community's governing documents and check for any later amendments regarding fine limits or rule details.
• Keep copies of written notices, hearing confirmations, and committee findings.
• Check the official text of Florida Statutes for any recent updates.