Can Your Florida HOA Fine You Without a Hearing?

Key Takeaways

• Written notice at least 14 days before the hearing is required. Under Section 720.305(2)(b), Florida Statutes, the association must provide written notice of the alleged violation and the date of the hearing at least 14 days before the hearing is scheduled. A fine imposed without this notice is procedurally defective.
• An independent fining committee — not the board alone — must approve the fine. The fining committee must consist of at least three members who are not officers, directors, or employees of the association, and who do not reside in the same household as any officer, director, or employee. The board may propose a fine, but the committee must approve it.
• Curing the violation before the hearing stops the fine. If the homeowner corrects the violation before the scheduled hearing date, the association may not impose the fine. The cure provision rewards compliance and limits the use of fines as a revenue tool rather than an enforcement mechanism.
• Fines are capped at $100 per violation per day, with an aggregate cap of $1,000 for the same violation, unless the governing documents provide otherwise. Under Section 720.305(2)(b), fines below $1,000 cannot be converted into a lien against the property.
• After 2024 HB 1203, attorney fees cannot accrue before the payment deadline. Section 720.305(2)(f) now provides that attorney fees and costs may not be awarded to the association before the date on which the fine or suspension is required to be paid. This limits the use of fee-shifting as a weapon before the homeowner has had a meaningful opportunity to respond.

In This Article

• Short Answer
• How Florida Law Handles This Issue
• Relevant Case Law
• Key Legal Rules
• Chapter 718 vs. Chapter 720 Comparison
• How This Issue Typically Comes Up
• Common Mistakes Associations Make
• What Associations Typically Argue — and Why It Fails
• How Courts Handle This
• Edge Cases and Nuances
• What Homeowners Should Do
• When Legal Action May Be Necessary
• Actionable Summary
• Related Knowledge — Cross-Chapter Linking
• Frequently Asked Questions
• Key Terms Defined

Short Answer

No. Under Section 720.305(2)(b) and Section 718.303(3), a Florida HOA or condominium association cannot impose a fine without first providing at least 14 days written notice of the alleged violation and a hearing before an independent committee. The board alone does not have the authority to impose a fine; the independent committee must review the matter and approve the fine after the hearing. If proper procedures are not followed, the fine is legally defective and may be challenged. Boynton Beach, FL HOA lawyer 

How Florida Law Handles This Issue

Florida law requires associations to follow a specific multi-step process before imposing a fine. Both the condominium statute and the HOA statute impose parallel requirements, though the exact provisions differ.

For HOAs, the controlling provision is Section 720.305(2)(b), Florida Statutes, which establishes the notice and committee hearing requirements. The statute requires written notice of the alleged violation, the proposed fine, and the date, time, and location of the hearing — all delivered to the homeowner at least 14 days before the hearing. The notice must also advise the homeowner of the right to appear before the committee and present testimony.

For condominiums, the equivalent provision is Section 718.303(3)(b), Florida Statutes, which imposes a parallel requirement. Under the condo statute, the association must provide reasonable notice of the fine and an opportunity for a hearing before a committee of unit owners in the manner provided in the bylaws or, if no bylaws provision exists, before a committee established by the board in a manner consistent with the statute.

The 2024 HB 1203 amendments added further protections for homeowners. Section 720.305(2)(f) now provides:

“Attorney fees and costs may not be awarded against the parcel owner based on actions taken by the board before the date set for the fine to be paid.”

This provision prevents associations from running up attorney fee claims before the homeowner has even had an opportunity to pay the fine or challenge it.

These procedural requirements are frequently litigated in communities throughout Orlando, Broward County, and Miami-Dade, where associations sometimes attempt to bypass the hearing process in the interest of speed or administrative convenience.

Relevant Case Law

Elbadramany v. Oceans Seven Condominium Association, Inc., 461 So. 2d 1001 (Fla. 5th DCA 1984)

Holding: The court reversed a foreclosure judgment based on unpaid fines, holding that a fine imposed on an individual unit owner is not a “common expense” under Section 718.115(2), Florida Statutes, because it is directed at punishing or inducing compliance by one owner, not collectible from all owners proportionally. Because the fine could not qualify as a common expense, it could not support a lien under Section 718.116, and the condominium documents could not lawfully recharacterize a fine as a common expense in a manner inconsistent with the Condominium Act.

Why it matters: This case establishes that fines and assessments are legally distinct. An association cannot convert a fine into a lien by labeling it a common expense in its governing documents. The practical effect is that fines must be collected through the enforcement mechanisms available under the statute — not through the lien and foreclosure process reserved for assessments. The Legislature subsequently enacted Section 718.303(3), which authorized fines subject to specific procedural requirements, including notice, a hearing, and a prohibition on fines becoming liens.

Gillis v. Jackson Shores Townhomes Ass’n, 351 So. 3d 668 (Fla. 2d DCA 2022)

Holding: Compliance with the statute is a prerequisite to the imposition of a fine. The court held that an association must satisfy the applicable statutory requirements before a fine is validly imposed.

Why it matters: This case reinforces that the statutory fining procedure is not advisory. An association that does not comply with the applicable requirements — whether notice, committee composition, hearing timeline, or written findings — has not imposed a valid fine. Homeowners can challenge fines on procedural grounds even when the underlying violation is not in dispute.

Key Legal Rules

• Rule: Written notice of the alleged violation and the hearing date must be provided at least 14 days before the hearing. Exception: None; the 14-day minimum is a statutory floor, not a guideline. Application: A notice sent 10 days before a hearing is procedurally defective regardless of the reason for the shortened timeline.
• Rule: A committee of at least three independent members must approve the fine. The committee members may not be officers, directors, or employees of the association, or reside in the same household as any officer, director, or employee. Exception: None; the board alone cannot impose a fine. Application: A fine vote by the board, without a separate independent committee vote, is void.
• Rule: If the homeowner cures the violation before the hearing, the fine may not be imposed. Exception: Continuing violations — where the conduct recurs after the cure — may be subject to new fining procedures. Application: Curing as soon as possible after receiving notice is the most effective way to avoid a fine entirely.
• Rule: The written notice must include: (1) the description of the violation; (2) the proposed fine amount; (3) the steps required to cure; and (4) the date, time, and location of the committee hearing. Exception: None; all four elements must be present. Application: A notice that fails to specify the cure steps or the hearing location is facially defective.
• Rule: The committee must issue a written decision within 7 days of the hearing. Exception: Governing documents may specify a different period. Application: An oral decision at the hearing is insufficient; the written decision is the triggering event for the payment deadline.
• Rule: The payment deadline must be at least 30 days after the committee’s written decision. Exception: Governing documents may provide a longer period. Application: An invoice demanding payment within 10 days of the hearing is premature and may be challenged.
• Rule: Fines are capped at $100 per violation per day and $1,000 aggregate for the same violation, unless the governing documents provide a higher cap. Fines under $1,000 cannot become liens on the homeowner’s property. Exception: The governing documents may authorize higher per-day or aggregate caps. Application: An association that purports to impose a $5,000 fine for a single violation that is not authorized by the governing documents and exceeds the statutory cap has imposed an unenforceable fine.

Chapter 718 vs. Chapter 720: Fining Procedures

Issue	Chapter 718 (Condos)	Chapter 720 (HOAs)
Notice period	Reasonable notice as defined by bylaws or board procedure; Section 718.303(3)(b)	At least 14 days written notice; Section 720.305(2)(b)
Committee requirements	Independent committee of unit owners; composition per bylaws or board-established procedure	At least 3 members; no officers, directors, employees, or household members of same; Section 720.305(2)(b)
Fine caps	$100/day per violation; $1,000 aggregate unless documents provide otherwise; Section 718.303(3)	$100/day per violation; $1,000 aggregate unless documents provide otherwise; Section 720.305(2)(b)
Cure provision	Available; cure before hearing stops the fine	Available; cure before hearing stops the fine; Section 720.305(2)(b)
Lien authority	Fines under $1,000 cannot become liens	Fines under $1,000 cannot become liens; Section 720.305(2)(b)
2024 HB 1203 changes	Parallel amendments; attorney fees cannot accrue before payment deadline	Section 720.305(2)(f) — attorney fees cannot be awarded before payment due date

 

How This Issue Typically Comes Up

HOA sends a fine invoice with no prior notice or hearing

A homeowner in an Orlando-area community receives a letter stating that a $500 fine has been imposed for a landscaping violation. No prior written notice was sent, no committee hearing was scheduled, and no opportunity to cure was provided. The fine is procedurally void under Section 720.305(2)(b), which requires at least 14 days written notice and a committee hearing before any fine may be imposed.

Board imposes the fine without an independent committee vote

At a board meeting, the five-member board votes 3-2 to impose a $300 fine on a homeowner for a fence color violation. No independent fining committee was convened. Under Section 720.305(2)(b), the board does not have the authority to impose a fine unilaterally; the fine must be reviewed and approved by a committee whose members are independent of the board. The board vote alone is insufficient.

Fine is imposed after the violation was already cured

A Broward County HOA sends a violation notice for an unpermitted structure. The homeowner removes the structure within three days and notifies the board in writing. At the scheduled hearing, the independent committee imposes a fine anyway, citing the period of noncompliance before the cure. Under Section 720.305(2)(b), if the homeowner cures the violation before the hearing date, the fine may not be imposed. The committee’s decision is legally defective.

Common Mistakes Associations Make

• Sending a fine invoice without first completing the required 14-day notice and committee hearing process. Associations sometimes treat fining as an administrative function rather than a quasi-judicial process with mandatory procedural requirements.
• Allowing board members to sit on the fining committee. Board members, officers, and employees — and their household members — are disqualified from serving on the independent fining committee. A committee composed of board members is not independent and does not satisfy the statute.
• Failing to provide written notice that includes all required elements: the description of the violation, the proposed fine, the cure steps, and the hearing date, time, and location.
• Imposing a fine for a violation that was cured before the hearing. The cure provision is self-executing; if the violation is corrected before the hearing date, the fine cannot be imposed.
• Attempting to convert a fine under $1,000 into a lien against the homeowner’s property. Section 720.305(2)(b) expressly prohibits fines below $1,000 from becoming liens, regardless of whether the homeowner pays or the fine remains outstanding.

What Associations Typically Argue — and Why It Fails

“You didn’t request a hearing, so the fine stands.”

This argument misunderstands the statute. The hearing is not something the homeowner must request; it is a mandatory step the association must schedule and provide before imposing any fine. Section 720.305(2)(b) places the obligation on the association to provide the hearing, not on the homeowner to demand one. A fine imposed without a scheduled hearing is procedurally void regardless of whether the homeowner asked for one.

“The board voted to fine you at the board meeting.”

The board does not have independent authority to impose fines. Under Section 720.305(2)(b), a fine must be approved by an independent committee — not by the board. A board vote to impose a fine, without a separate independent committee vote, is insufficient. The board may recommend a fine, but the committee must approve it.

“The fine is now a lien on your property.”

Section 720.305(2)(b) expressly provides that a fine of less than $1,000 may not become a lien against the parcel. An association that attempts to place a lien on a homeowner’s property based on a sub-$1,000 fine is acting without statutory authority. Such a lien may be challenged and removed.

How Courts Handle This

Florida courts require compliance with the statutory fining procedure. As the Fifth District Court of Appeal held in Elbadramany v. Oceans Seven Condominium Association, Inc., 461 So. 2d 1001 (Fla. 5th DCA 1984), fines are legally distinct from assessments and cannot be enforced through the lien and foreclosure process. The Second District Court of Appeal in Gillis v. Jackson Shores Townhomes Ass’n, 351 So. 3d 668 (Fla. 2d DCA 2022), confirmed that compliance with the statute is a prerequisite to imposition of a fine.

Procedural defects in the fining process — whether a failure to provide 14-day notice, a committee composed of ineligible members, or a fine imposed after the violation was cured — render the fine void. Courts will not salvage a procedurally defective fine by finding substantial compliance. The Florida Legislature established these requirements precisely to protect homeowners from arbitrary or retaliatory fining, and courts enforce them accordingly.

When a homeowner challenges a procedurally defective fine in court or through DBPR arbitration, the association bears the burden of demonstrating that it complied with all statutory prerequisites. A failure of proof on any element is fatal to the association’s position. The homeowner who prevails may recover attorney fees under Section 720.305.

Edge Cases and Nuances

• 90-day delinquency suspension without a hearing. Section 720.305(2)(a) allows an association to suspend use of common areas for non-payment of assessments that are more than 90 days delinquent, without a committee hearing. This suspension right is separate from the fining process and does not require the independent committee procedure. However, it applies only to suspension of use rights — not to fines.
• Continuing violations with daily fines. When a violation is ongoing and the association seeks to impose a daily fine, each day of noncompliance after the hearing and committee approval may be treated as a separate continuing violation. However, the aggregate cap of $1,000 applies to the same violation unless the governing documents authorize a higher cap. Associations sometimes attempt to characterize each day as a separate violation to exceed the cap, which courts generally do not permit for a single continuous course of conduct.
• Board members who serve on the fining committee. A board member, officer, or employee of the association is expressly disqualified from serving on the independent fining committee. If a board member serves on the committee, the committee is not independent and any fine it approves is procedurally defective. This is one of the most common errors associations make in assembling the fining committee.
• Electronic hearings after HB 1203. The 2024 HB 1203 amendments expanded the circumstances under which association hearings may be conducted electronically. Fining committee hearings may now be held remotely if proper notice is provided. However, the notice must inform the homeowner of the electronic platform being used and provide access instructions. An electronic hearing without adequate access instructions may not satisfy the notice requirement.

What Homeowners Should Do

1. Read the violation notice carefully. Confirm that it includes all required elements: a description of the alleged violation, the proposed fine amount, the specific cure steps, and the date, time, and location of the committee hearing. Any missing element is a procedural defect.
2. Count the days from the date of the notice to the scheduled hearing. If the interval is less than 14 days, the notice is procedurally defective under Section 720.305(2)(b).
3. If you can cure the violation before the hearing date, do so immediately and notify the association in writing with evidence of the cure (photographs, receipts, third-party confirmation). Keep copies of everything.
4. Attend the committee hearing if it is properly scheduled. Confirm that the committee members are not officers, directors, employees, or household members of any of the foregoing. If any member is disqualified, raise the objection on the record at the hearing.
5. Request the committee’s written decision within seven days of the hearing. If no written decision is issued, the fine imposition is incomplete.
6. Consult an attorney if the fine was imposed without proper notice, without an independent committee, or after the violation was cured. A procedurally defective fine can be challenged in circuit court or through DBPR arbitration, and the homeowner who prevails is entitled to attorney fees under Section 720.305.

When Legal Action May Be Necessary

Legal action may be warranted when an association imposes a fine without providing required written notice, convenes a fining committee that includes ineligible members, imposes a fine after a documented cure, purports to convert a sub-$1,000 fine into a lien, or otherwise fails to comply with the statutory fining procedure. Homeowners may seek a declaratory judgment that the fine is void, an injunction against collection or lien placement, and attorney fees under Section 720.305. DBPR arbitration is also available for certain fining disputes and is generally faster and less expensive than circuit court.

Actionable Summary

Situation	Your Right	Legal Basis
Fine notice received less than 14 days before hearing	Fine is procedurally defective; challenge notice timing	Section 720.305(2)(b), Fla. Stat.
Board voted to fine without independent committee	Fine is void; board lacks unilateral fining authority	Section 720.305(2)(b), Fla. Stat.; Gillis v. Jackson Shores
Violation was cured before hearing date	Fine cannot be imposed after documented cure	Section 720.305(2)(b), Fla. Stat.
Fine is below $1,000 and association threatens a lien	Lien is unlawful for sub-$1,000 fines	Section 720.305(2)(b), Fla. Stat.
Association demands attorney fees before payment deadline	Attorney fees cannot accrue before payment due date under HB 1203	Section 720.305(2)(f), Fla. Stat.

Related Knowledge — Cross-Chapter Linking

Chapter 720 (HOAs): Section 720.305(2)(b) governs the fining process for HOAs, requiring 14-day written notice, an independent committee of at least three members, cure rights, and fine caps. Section 720.305(2)(f), added by 2024 HB 1203, prohibits attorney fee awards before the payment deadline. Fines below $1,000 cannot become liens under Section 720.305(2)(b).

Chapter 718 (Condos): Section 718.303(3)(b) governs the fining process for condominium associations. The structure is parallel to the HOA statute — reasonable notice, opportunity for a hearing before an independent committee of unit owners, cure rights, and the same fine caps. The $1,000 aggregate cap and the prohibition on liens for sub-$1,000 fines apply under Section 718.303(3) as well.

Frequently Asked Questions

Can a Florida HOA impose a fine without giving me a hearing?

No. Under Section 720.305(2)(b), Florida Statutes, an HOA must provide at least 14 days written notice of the alleged violation and schedule a hearing before an independent committee before imposing any fine. The hearing is not optional; it is a mandatory prerequisite to valid fine imposition. A fine imposed without a committee hearing is void and may be challenged in court or through DBPR arbitration.

Who is on the fining committee and why does it matter?

The fining committee must consist of at least three members of the association who are not officers, directors, or employees, and who do not reside in the same household as any officer, director, or employee. The independence requirement ensures that the decision to fine is made by people who are not personally invested in the board’s position. A committee composed of board members or their family members does not satisfy the statute, and any fine it approves is void.

What if I fix the violation before the hearing?

If you cure the alleged violation before the hearing date, the association may not impose a fine. Section 720.305(2)(b) provides that a fine may not be imposed if the violation is cured before the hearing. Document the cure with photographs, written confirmation, or receipts and provide written notice to the association immediately. Keep copies of everything in case the association attempts to impose the fine anyway.

What is the maximum fine a Florida HOA can charge?

Under Section 720.305(2)(b), an HOA may impose a fine of up to $100 per violation per day. The aggregate fine for the same violation may not exceed $1,000 unless the governing documents authorize a higher amount. Fines below $1,000 cannot be converted into a lien against the homeowner’s property. The governing documents may authorize higher per-day amounts or higher aggregate caps, so review your documents carefully.

What changed under HB 1203 regarding HOA fines?

The 2024 HB 1203 amendments made several changes to Florida’s HOA fining law. Most significantly, Section 720.305(2)(f) now provides that attorney fees and costs may not be awarded to the association before the date on which the fine or suspension is required to be paid. This prevents associations from accruing attorney fee claims during the period before the homeowner even has an opportunity to pay the fine or challenge it. The amendments also expanded the availability of electronic hearings, provided the homeowner receives adequate access information.

Key Terms Defined

Fining committee: A committee established by the association to review proposed fines and conduct hearings at which homeowners may appear and present testimony. The fining committee must consist of at least three independent members and must approve any fine before it can be imposed.

Independent committee: For fining purposes, a committee whose members are not officers, directors, or employees of the association and do not reside in the same household as any officer, director, or employee. The independence requirement prevents the board from sitting in judgment of its own enforcement decisions.

Cure provision: A statutory right that allows a homeowner to avoid a fine entirely by correcting the alleged violation before the scheduled hearing date. Section 720.305(2)(b) provides that if the violation is cured before the hearing, the fine may not be imposed.

Continuing violation: A violation that persists over time rather than occurring as a single event. Daily fines for a continuing violation accumulate until the violation is cured, subject to the aggregate cap. Whether a multi-day violation constitutes one continuing violation or separate daily violations affects the applicable cap.

Delinquency suspension: A separate remedy available under Section 720.305(2)(a) that allows an association to suspend a homeowner’s right to use common areas when assessments are more than 90 days delinquent. Unlike fining, a delinquency suspension does not require a committee hearing — it is a separate remedy with its own procedural rules.

Conclusion

Under Florida law, a homeowners’ association or condominium association cannot impose a fine without first providing written notice at least 14 days before a hearing, affording the homeowner a meaningful opportunity to cure the violation, and obtaining approval from an independent fining committee — not the board — following that hearing.

About the Author

Erik Andrew Perez, Esq. (Florida Bar No. 115564) is a co-founder of Perez Mayoral, P.A. and leads the firm’s homeowner-side association dispute practice. He represents homeowners in cases involving improper fines, invalid liens, enforcement procedure violations, and collection disputes under Chapters 718 and 720. He has been featured by CBS, NBC, and the Daily Business Review on HOA and condominium law matters.

How We Can Help

If your HOA or condominium association has fined you without proper notice, without an independent committee, or after you already cured the violation, the attorneys at our firm can evaluate whether the fine is legally enforceable and advise you on your options. We represent homeowners only. We never represent associations, management companies, or developers. Our offices are in Coral Gables, Tampa, and Orlando.

Contact Perez Mayoral, P.A. to schedule a consultation.

Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws change; consult a licensed Florida attorney for advice specific to your situation.

Sources and References

• Section 720.305, Florida Statutes (HOA Member Obligations; Fining Procedure)
• Section 718.303, Florida Statutes (Condominium Obligations; Fining Procedure; Prevailing Party Fees)
• Section 718.111(12), Florida Statutes (Official Records; Records Access)
• Elbadramany v. Oceans Seven Condominium Association, Inc., 461 So. 2d 1001 (Fla. 5th DCA 1984)
• Gillis v. Jackson Shores Townhomes Ass’n, 351 So. 3d 668 (Fla. 2d DCA 2022)