Florida HOA Fine Notice Response
In Florida a fine cannot be imposed without at least 14 days' written notice and a hearing before a committee of at least three members who are not officers, directors, employees or their close family, and the fine stands only if a majority of that committee approves it.
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Introduction
Florida takes the final vote on a fine away from the board and hands it to a committee of neighbors: a Florida HOA fine notice response is the owner's written answer to the 14-day notice that must come before any fine or suspension is imposed. Section 720.305(2)(b) for homeowners' associations and section 718.303(3)(b) for condominiums require at least 14 days' written notice and a hearing before a committee of at least three members who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of one. You do not have to request the hearing: the association must notice it, and in an HOA it must be held within 90 days after the notice issues, on the date the notice states. That hearing date is the one that governs. Both acts cap a fine at $100 per violation and $1,000 in the aggregate, but in an HOA both figures yield to the governing documents. A condominium fine may never become a lien against the unit; an HOA fine of less than $1,000 may not become a lien against the parcel. If a majority of the committee does not approve the fine, it may not be imposed.
Key Things to Know
- 1
A Florida HOA fine notice response is the letter a parcel owner or unit owner sends after the association's 14-day hearing notice arrives and before the committee meets. It answers each alleged violation, shows any cure, confirms that you will attend, and asks the committee to reject the proposed penalty. It does not start the process. The board's letter does, and the committee decides only whether to confirm or reject what the board levied.
- 2
Find out which chapter governs your community before you cite anything. Homeowners' associations fall under chapter 720 and condominiums under chapter 718, and the fine rules differ. The HOA caps apply "unless otherwise provided in the governing documents"; the condominium caps carry no such override. A condominium fine "may not become a lien against a unit"; an HOA fine is barred from becoming a lien only if it is less than $1,000. Only the HOA section lists what the notice must say, gives you a right to attend by telephone or other electronic means, and bars a fine for a violation cured before the hearing.
- 3
The committee of at least three is the body your letter is really written for. Both sections require 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. If the committee, by majority vote, does not approve the proposed penalty, it may not be imposed. Asking in writing for the members' names lets you compare them with that list before they sit.
- 4
In a chapter 720 community, section 720.305(2)(b) sends the board's letter to your designated mailing or e-mail address in the official records and requires it to include a description of the alleged violation, the specific action required to cure it if applicable, and the hearing date, location, and telephone or electronic access information. The committee must sit within 90 days after issuance. The condominium section requires 14 days' written notice and an opportunity for a hearing but lists no contents, so a unit owner facing a vague letter can ask in writing exactly what is alleged.
- 5
In a chapter 720 community, a completed cure stops the penalty. Section 720.305(2)(e) says that if a violation has been cured before the hearing, or in the manner specified in the notice or the committee's findings, a fine or suspension may not be imposed. Dated photographs, receipts and a contractor's invoice belong in the letter you send the committee. Section 718.303 has no matching sentence, so a condominium response should still document the cure without citing the HOA provision.
- 6
A continuing violation may be penalized for each day, with a single notice and opportunity for hearing. Section 718.303(3) caps a condominium fine at $100 per violation or $1,000 in the aggregate. Section 720.305(2) sets the same figures for a homeowners' association "unless otherwise provided in the governing documents", so check the declaration and bylaws for a different number before disputing the amount. Section 720.305(7) separately forbids any chapter 720 penalty for garbage receptacles at the curb within 24 hours of collection, or for holiday lights unless left up more than 1 week after written notice.
- 7
After a chapter 720 committee session, section 720.305(2)(d) gives the committee 7 days to send written findings stating which fines it approved or rejected, how to cure, and the date by which a fine must be paid. Under section 720.305(2)(f) that date must be at least 30 days after delivery of the findings, and attorney fees and costs may not begin to accrue until after it and the time for an appeal have passed. A condominium fine approved by the committee is due 5 days after notice of the approved fine, which section 718.303(3)(b) requires by mail or hand delivery.
Key decisions before you file
Before you file a HOA Fine Notice Response in Florida, a few decisions shape the document: which option to choose and what each one means. The HOA Fine Notice Response guide walks through them.
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Florida Requirements for HOA Fine Notice Response
Which Chapter Governs: 720 or 718
Homeowners' associations are governed by chapter 720 and condominiums by chapter 718. The two sections on fines, 720.305 and 718.303, differ on whether the caps yield to the governing documents, when a fine is due, whether a fine can become a lien, and whether a cure before the hearing bars the fine. Cite the one that applies.
The 14-Day Notice and Where It Was Sent
Record the day the letter arrived and the session it names. Both sections require at least 14 days' written notice before a fine or suspension is imposed. In an HOA the notice goes to your designated mailing or e-mail address in the association's official records, and the hearing must be held within 90 days after the notice issues.
The HOA Notice Contents
Section 720.305(2)(b) requires an HOA notice to include a description of the alleged violation, the specific action required to cure it if applicable, and the hearing date, location and telephone or electronic access information. Note any missing item. The condominium section lists no contents, so a unit owner can ask in writing for the details.
Names of the Committee Members
The committee must have 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 one. Its role is limited to confirming or rejecting the board's fine, and without a majority vote to approve, the fine may not be imposed.
Evidence of Cure
In a chapter 720 community, section 720.305(2)(e) bars a fine if the violation was cured before the hearing or in the manner the notice or findings specified. Attach dated photographs, receipts or a paid invoice that match the cure action the board named. A condominium owner should document the cure the same way without citing the HOA subsection.
The Fining Provision in Your Governing Documents
An HOA's $100 per violation and $1,000 aggregate caps apply unless otherwise provided in the governing documents, so copy the declaration or bylaw provision on fines. A condominium's $100 per violation and $1,000 aggregate caps have no such exception. Either way, a continuing violation may be penalized daily with a single notice and opportunity for hearing.
Whether the Fine Can Become a Lien
Section 718.303(3) says a condominium fine may not become a lien against a unit. Section 720.305(2) says an HOA fine of less than $1,000 may not become a lien against a parcel; it does not address larger HOA fines in that sentence. Attorney review is available as an option where an HOA fine reaches $1,000 or more.
The Findings, the Payment Date and the Dispute Route
An HOA committee must send written findings within 7 days after the hearing, with a payment date at least 30 days after delivery. A condominium fine is due 5 days after notice of the approved fine. HOA presuit mediation under section 720.311 excludes collection of a fine; section 718.1255 sets the condominium arbitration and mediation route for disputes it defines.