Homeowners’ associations (HOAs) can offer some benefits to Florida property owners, including shared amenities, maintained common areas, and a certain amount of property value protection. Still, there’s no denying that many people find that the downsides of these organizations can be frustrating. In particular, the strict community rules that see fines issued in the event of breaches.
A range of seemingly trivial matters can see hefty fines applied, whether it’s landscaping that is outside of the mandated standards, parking violations, or unauthorized paint jobs. The good news is that you’re not entirely powerless in the fact of what can feel like an unfair penalty. Florida homeowners have certain rights, and we’re going to dive a little deeper into these, alongside how you can protect your interests.
Understanding HOA Fines in Florida
It’s helpful to know a little about the basis of HOA fines in Florida law, as this can clarify the grounds you have for fighting them.
For the most part, HOAs themselves are governed by Chapter 720 of the Florida Statutes. This chapter outlines an extensive range of powers and obligations HOAS have, including providing them the authority to issue reasonable fines when community rules are violated. In the legislation, these HOA bylaws are termed the declaration of Covenants, Conditions, and Restrictions (CC&Rs).
This legislation also sets requirements on how HOAs apply fines and the processes associated with them. These include:
- Provision of notices – The law requires HOAs to provide homeowners with formal written notice of the alleged violation and the potential fine associated with it.
- Requirement for hearings – Homeowners must be given the opportunity to have a hearing before an independent committee in relation to alleged violations.
- Limitations on fines – HOAs cannot issue a fine exceeding $100 per violation or more than $1000 total for an ongoing violation, unless higher amounts are specified in governing documents.
- Limitations on collection powers – Unless permitted by governing documents, HOAs cannot issue a lien against your property for unpaid fines.
Understanding the legislation HOAs must abide by helps you to spot where they might be overstepping their authority when issuing fines.
Common Reasons Florida Homeowners Receive HOA Fines
Even though infractions may seem minor to homeowners, the community standards agreed to can see fines being issued. Some of the common areas for fines include:
| Fine Reason | Examples |
|---|---|
| Landscaping | Lawn not mowed, plants or bushes overhanging boundaries, fallen leaves unswept, etc. |
| Trash | Trash can isn’t placed in the correct area or on the day of collection. |
| Parking | Residents or visitors vehicles parked outside of designated areas. |
| Modifications | Exterior changes—such as painted walls—made without HOA approval. |
| Noise | Frequent complaints made about excessive noise, such as music or power tools. |
| Maintenance | Owners fail to maintain homes or yards to the specifications of the HOA. |
| Pets | Pets aren’t kept on leashes outside the home, or failure to clean pet waste. |
While these types of rules may be within the rights of HOAs, not every citation or how its enforced is necessarily fair or even legal.
Steps to Fight HOA Fines in Florida
When you receive a fine from an HOA in Florida, it’s important to take a structured approach to fighting it. This helps to ensure that you’re moving forward in a legal and detail-oriented way.
Step 1 – Review the governing documents
Begin by carefully reviewing your HOA’s declaration of CC&Rs, its bylaws, and general community rules. Your HOA’s actions must be in strict alignment with its own rules and Florida law. If they’re not, you may be able to dispute the fine.
Pay particular attention to:
- The wording of specific rules that relate to your alleged violation
- The HOA’s stated procedures for issuing fines
- The maximum allowable fines and penalties
- The processes for citation disputes and appeals
Step 2 – Confirm proper notice
Under Florida law, HOAs must provide homeowners with written notice of any alleged violation, containing details of the proposed fine. If you haven’t received this formal notice or it didn’t include specific information about the nature of the violation of the fine amount, you may be able to dispute the fine on the basis of incorrect procedure.
In these instances, it is particularly important to save copies of all correspondence you’ve received in relation to the fine.
Step 3 – Request a hearing
No matter what the circumstances are, you’re entitled to a hearing before an independent grievance or compliance committee before any fine you’ve been issued becomes enforceable. You should request this hearing in writing, and then prepare to:
- Clearly and simply explain your side of the story
- Present any supporting evidence, such as photographs or documents
- Highlight any procedural errors the HOA has committed
- Reference relevant sections of the CC&Rs that support your argument
The committee will then vote on whether to uphold or reject the HOA’s decision to issue a fine. If the committee rules against the HOA, the fine can’t be enforced.
Step 4 – Consult an attorney
You may find that the HOA persists in pursuing fines that you believe aren’t justified, they fail to follow proper procedure, or that their behavior might constitute harassment. In these instances, it’s wise to consult a Florida real estate attorney who is experienced in these disputes. They can help you to identify specific violations of Florida law or HOA rules, represent you at hearings or negotiations, and take any further legal action that may be necessary to resolve the issues.
What Happens if You Ignore HOA Fines?
When you receive what seems to be an unjust fine, it might be tempting to ignore it. However, this can backfire, leading to potential consequences that include:
- Accumulating late fees or interest
- Suspension of community resources or privileges
- Fine collection enforcement by the HOA
- If allowed by HOA governing documents, a lien on your property
Above all else, the key takeaway is that it’s always best to engage with your HOA in a professional way that asserts your rights. While HOAs can be an important part of maintaining high standards of living among communities, it’s equally vital to remember that they don’t have unlimited power. Florida law provides homeowners with legal protections, and understanding these can give you the confidence to correctly and effectively dispute actions being taken against you.
