Articles · Rules, fines and violations · State guide
Florida HOA Fines: Caps, Notice and the Hearing Committee
Short answer: Under Florida’s HOA statute (Fla. Stat. § 720.305(2), as of September 23, 2026), an HOA may levy reasonable fines for violations of the declaration, bylaws or reasonable rules. A fine may not exceed $100 per violation “unless otherwise provided in the governing documents,” and the owner gets written notice and a hearing before a committee. Condominium fines (Chapter 718) follow different rules.
Last checked: September 23, 2026. Covers: Florida Statutes Chapter 720 (HOAs), with a comparison to Chapter 718 (condominiums). Agency rules, court decisions and local rules were not reviewed.
How much can a Florida HOA fine?
Under § 720.305(2), a fine may not exceed $100 per violation, unless the governing documents provide otherwise. For a continuing violation, the association may fine per day with a single notice and hearing. In that case the fine may not exceed $1,000 in the aggregate, again unless the governing documents provide otherwise.
So the cap is not absolute. Read your declaration, bylaws and rules to see whether they set a different limit. Also, a fine of less than $1,000 may not become a lien against a parcel (§ 720.305(2)). For what unpaid fines can lead to, see what happens if you don’t pay an HOA fine and Florida HOA liens and foreclosure.
What can the HOA fine for, and what is off limits?
The statute allows “reasonable fines for violations of the declaration, association bylaws, or reasonable rules” (§ 720.305(2)). Since 2024, two things are named as prohibited bases (§ 720.305(7), added by ch. 2024-221). Notwithstanding anything in the governing documents, the association may not levy a fine or impose a suspension for:
- leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated collection day or time
- leaving holiday decorations or lights on a structure or other improvement longer than the governing documents indicate, unless they are left up for longer than 1 week after the association gives written notice of the violation
For other limits on rules, see unenforceable HOA rules in Florida.
What notice and hearing must the HOA give?
Under § 720.305(2)(b)-(g):
- Notice. At least 14 days’ written notice of the owner’s right to a hearing, sent to the owner’s designated mailing or e-mail address in the association’s official records. It describes the alleged violation, the specific action required to cure it if applicable, and the hearing date, location and access information.
- Hearing. Held within 90 days after the notice is issued, before a committee of at least 3 members appointed by the board. The committee may hold it by telephone or other electronic means, and the owner has the right to attend that way.
- Who cannot serve. Committee members may not be officers, directors or employees of the association, or the spouse, parent, child, brother or sister of one.
- Decision. The committee decides by majority and may only confirm or reject the fine or suspension.
- Written findings. Within 7 days after the hearing, the committee gives written notice of its findings, of any fines or suspensions it approved or rejected, and of how the violation may be cured or the date by which a fine must be paid.
- Payment date. If the violation is not cured and the fine is approved by majority vote, the committee sets a payment date at least 30 days after delivery of that written notice. Attorney fees and costs may not begin to accrue until after that date and the time for an appeal has expired.
If a violation has been cured before the hearing, or in the manner specified in the written notice (paragraph (b) or (d)), a fine or suspension may not be imposed (§ 720.305(2)(e)). See also how to respond to an HOA violation letter.
Can the HOA suspend my use of common areas or my vote?
After the same notice and hearing, the HOA may suspend the right to use common areas and facilities for a reasonable period (§ 720.305(2)). That rule does not apply to the portion of the common areas used to provide access or utility services to the parcel, and a suspension may not prohibit vehicular and pedestrian ingress and egress, including the right to park (§ 720.305(2)(a)).
There is a separate rule for delinquency. If a member is more than 90 days delinquent in paying any fee, fine or other monetary obligation, the association may suspend use rights (§ 720.305(3)) and voting rights (§ 720.305(4)) without the notice and hearing that fines require. The suspension must be approved at a properly noticed board meeting and followed by written notice (§ 720.305(5)). It ends when the obligations then due are paid in full. Suspended voting interests are removed from quorum and vote counts (§ 720.305(4)).
How do condo fines differ?
| HOA (ch. 720) | Condo (ch. 718) | |
|---|---|---|
| Cap | $100 per violation, $1,000 aggregate for continuing violations, unless the governing documents provide otherwise | $100 per violation, or $1,000 in the aggregate; § 718.303(3) has no governing-documents exception |
| Fine as a lien | Under $1,000 may not become a lien | A fine may not become a lien against a unit |
| Notice and hearing | At least 14 days’ notice; committee of at least 3 members | At least 14 days’ notice; committee of 3 or more members, same independence rule |
| Committee role | Confirm or reject, by majority | Confirm or reject, by majority |
| Payment due | At least 30 days after delivery of committee notice | 5 days after notice |
| Written findings | Within 7 days | No such deadline in § 718.303(3) |
| Voting suspension | More than 90 days delinquent in any fee, fine or monetary obligation (§ 720.305(4)) | More than $1,000 and more than 90 days delinquent, with proof 30 days before, and notice 90 days before an election (§ 718.303(5)) |
| Use suspension excludes | Common areas used for access or utility services; ingress and egress, including parking | Limited common elements used only by the unit, common elements needed to access the unit, utilities, parking spaces and elevators |
| Named prohibited bases | Garbage receptacles, holiday decorations | No parallel in § 718.303 |
The condo text (§ 718.303(3)) calls for written notice of a fine or suspension by mail or hand delivery. We found no e-mail language there, unlike the HOA text.
What to do next
- Read the notice closely: what is the violation, what is the cure, when is the hearing?
- Look in your declaration, bylaws and rules for the fine amount and any different cap.
- Note the dates. The notice must give at least 14 days, and the hearing is to be within 90 days.
- Attend the hearing. The statute gives you the right to attend by telephone or other electronic means. Bring photos, dates and any earlier correspondence.
- If you think the process was not followed, or you were singled out, talk to a Florida attorney. See HOA selective enforcement and harassment.
Common questions
How much can an HOA fine you in Florida? Unless the governing documents provide otherwise, $100 per violation, and $1,000 in the aggregate for a continuing violation (Fla. Stat. § 720.305(2)). Condos have a $100-per-violation and $1,000-aggregate limit, and § 718.303(3) has no governing-documents exception.
Can an HOA fine you without a hearing? The statute sets a notice-and-hearing process for fines before a committee of at least 3 members (§ 720.305(2)). Separately, members more than 90 days delinquent may have use and voting rights suspended without that hearing (§ 720.305(3)-(5)). That is a suspension, not a fine.
Can a fine become a lien in Florida? For an HOA, a fine of less than $1,000 may not become a lien against a parcel (§ 720.305(2)). For a condo, a fine may not become a lien against a unit (§ 718.303(3)).
Can a board member sit on the hearing committee? No. Officers, directors and employees, and their spouses, parents, children, brothers and sisters, may not serve (§ 720.305(2)). See can an HOA fine you for a wider look.
Sources
Checked September 23, 2026.
- Fla. Stat. § 720.305 (https://www.flsenate.gov/laws/statutes/2026/720.305)
- Fla. Stat. § 718.303 (https://www.flsenate.gov/laws/statutes/2026/718.303)
- Ch. 2024-221 (https://laws.flrules.org/2024/221)
Important notice
Fycus is not a law firm and does not provide legal advice. Association law varies by state and by each community’s governing documents. Consult a licensed attorney for guidance specific to your association.
This page is general information, was written from official statute text as of September 23, 2026, and has not been reviewed by an attorney. Laws change; check the current text before you rely on it.
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