from attorneys Becker and Poliakoff
Q: My homeowners’ association is trying to fine me over five thousand dollars (one hundred dollars per day) for an alleged violation of our documents. Is the board allowed to fine more than the one thousand dollars as listed in Florida Statute 720.305 if it’s authorized in the association documents? (G.H., via e-mail)
A: The Florida Homeowners’ Association Act provides that a fine may not exceed one thousand dollars in the aggregate unless otherwise provided in the governing documents. Accordingly, governing documents may impose a financial cap higher than the statutory cap. The fine also cannot exceed one hundred dollars per violation, unless authorized by the governing documents. Fines may accumulate for ongoing violations, up to the statutory or documentary cap.
The same statutory caps exist for condominiums, except the governing documents cannot authorize higher amounts.
In both condominiums and homeowners’ associations, a fine cannot be imposed unless the subject of the proposed fine has received at least 14 days’ notice of an opportunity for a hearing before an independent committee.