Short answer: Yes. A Florida condominium or homeowners association may impose reasonable fines and certain use suspensions for violations, but a violation notice does not itself create an enforceable fine. If the association proceeds, the board must levy the proposed fine or suspension, give the required notice and opportunity for a hearing, and obtain approval from a qualified committee.
The details differ materially between Chapter 718 condominiums and Chapter 720 HOAs, especially on cure rights, hearing timing, payment deadlines, and lien consequences.
Florida Condo and HOA Fine Rules at a Glance
| Issue | Condominium | HOA |
|---|---|---|
| Primary statute | § 718.303 | § 720.305 |
| Basic fine limit | $100 per violation and $1,000 in the aggregate | Same default limits unless the governing documents provide otherwise |
| Continuing violation | May accrue daily using one notice and hearing, subject to the aggregate limit | May accrue daily, subject to any different limits in the governing documents |
| Lien for fine | No | A fine below $1,000 cannot become a lien; $1,000 or more is not automatically lienable |
| Advance notice | At least 14 days’ written notice | At least 14 days’ written notice containing the information required by statute |
| Hearing deadline | No comparable 90-day deadline stated in § 718.303 | Hearing must occur within 90 days after notice |
| Express cure protection | No parallel provision in § 718.303 | Fine or suspension cannot be imposed if the violation is properly cured before the hearing or as specified in the notice |
| After-hearing notice | Written notice by mail or hand delivery | Written findings within seven days |
| Payment deadline | Five days after notice of committee approval | If uncured and approved, at least 30 days after delivery of the committee’s findings |
How the Fine Process Generally Works
Most matters begin with a notice describing an alleged violation. That first communication may be a warning or cure demand rather than the statutory hearing notice. Some associations use separate documents; others may combine steps when the timing and content requirements are satisfied.
If the matter proceeds to a fine or suspension, both statutes use a two-stage structure. The board first levies the proposed remedy. The owner must then receive at least 14 days’ written notice and an opportunity for a hearing before a committee. A majority of the committee must approve the board’s proposed fine or suspension before it may be imposed.
The committee must contain at least three association members appointed by the board. Officers, directors, employees, and specified close relatives of those persons are disqualified. The committee confirms or rejects the remedy the board levied; it does not replace the board’s initial decision.
A violation notice can therefore begin the process without establishing that a later fine was properly imposed.
Three Common Fine Disputes
A Letter Says the Owner Owes $100 Per Day
In a condominium, a continuing-violation fine may accrue daily using one notice and hearing, but the statutory aggregate cap is $1,000. An HOA begins with the same default figures, although its governing documents may provide different limits. The owner should compare the cited dates, daily amount, governing documents, and ledger.
The Association Suspends Parking or Amenity Access
An association may be able to suspend use of a pool or clubhouse for a reasonable period, but the statutes protect essential access. A condominium suspension cannot interfere with unit access, utilities, parking spaces, elevators, or exclusive limited common elements. An HOA suspension cannot prohibit access to the parcel, utilities, vehicular or pedestrian ingress and egress, or the right to park.
An HOA Owner Cures Before the Hearing
Chapter 720 contains an express cure protection. If the owner cures the violation before the hearing or in the manner specified in the required notice, section 720.305 provides that the fine or suspension may not be imposed. Dated photographs, invoices, and written proof of delivery can help establish what was corrected and when.
Section 718.303 does not contain the same express condominium cure provision. Correction can still matter, but owners should not import the HOA rule into a condominium case.
How an Owner Should Evaluate a Fine
- Confirm the community type. Determine whether Chapter 718 or Chapter 720 applies.
- Find the exact restriction. Review the declaration provision, bylaw, or rule cited and the version in effect on the relevant date.
- Separate the board action from the committee action. Meeting records and committee findings can show whether each required step occurred.
- Check the notice and dates. Compare the violation notice, hearing notice, delivery information, hearing date, and decision with the correct statute.
- Verify the amount and consequence. Check the daily and aggregate amount, payment deadline, ledger, and any claimed lien, collection charge, attorney’s fee, or suspension.
Relevant minutes, notices, committee findings, and ledger records may be obtained through an official records request.
A Defective Fine Does Not Necessarily Eliminate the Rule
Three questions should remain separate: Is the restriction valid and applicable? Did the cited conduct violate it? Was this particular fine or suspension properly imposed?
A procedural defect can affect the association’s ability to collect a fine or enforce a suspension without necessarily making the underlying conduct permissible. If the condition creates a safety risk or ongoing property damage, correcting it may remain important while the enforcement process is reviewed.
Owner Takeaway
When a fine appears on an owner ledger, work backward through the process: identify the rule, the alleged violation, the board’s levy, the hearing notice, the committee’s decision, and the amount charged. The condominium and HOA statutes are similar in structure but differ enough that the correct chapter matters.
Sources reviewed: October 1, 2026.