Can an HOA fine you without a hearing in Florida?

This transcription was AI generated

Transcription:

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Can associations find you by simply sending you a letter in the mail and asking you to pay a fine? The answer is a resounding no. Associations, both condo associations and homeowners associations cannot assess a fine in that manner. Statutes in the state of Florida provide that for an association to find you, they first need to have a violations committee that is an impartial body of individuals. These individuals must not be on the board. They must not be related to members on the board and they must not be employees

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of the association. In addition to having a violations committee, they also need to provide you with notice of the violation. They need to inform you what provision of the covenants you’re violating and what exactly the violation is and what evidence they have as well. And lastly, they need to give you a hearing in front of the violations committee. They need to give you an opportunity to go before the violations committee, present your defenses. You may have photos of other members of the community that have those same issues

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and have not been assessed for a violation or a fine. And you may show the association they are selectively enforcing the rule against you. So, it’s important that if you receive a letter from the association informing you that you have a fine and that you must pay the fine, you need to review correspondence you’ve received and verify that the association has in fact complied with the statute. If they have not, they are in violation of the statute and that is an improper fine.