Rules are broken in every community, usually by accident. A violation letter is the tool used by the board to tell an owner what was observed, which rule applies, and what is expected.
This article is general information and is not legal advice. The association's attorney should be consulted.
The Purpose of a Violation Letter
The declaration, bylaws, and rules are binding on every owner, tenant, and guest. A violation letter is not a punishment. It is a written notice that a problem was seen and a request that it be corrected within a stated time.
Two kinds of letters are commonly used. The first is a courtesy notice, which asks for correction and carries no penalty. The second is the formal notice that is required by Florida law before a fine or suspension may be imposed.
What the Letter Should Contain
A good violation letter is short and specific. An outline that works for most associations is shown below.
- The date, the owner's name, and the property address
- A plain description of what was observed, and the date it was observed
- The section of the declaration, bylaws, or rules that applies, quoted or cited
- The specific action required to correct the violation
- A reasonable date by which the correction is expected
- A photograph, when one was taken from a common area or the street
- What will happen next if the violation is not corrected
- The name and contact information of the person to call with questions
The time allowed should fit the problem. A fence repair needs more time than a trash can left out.
What Florida Law Requires Before a Fine
A fine or a suspension of common area use rights may not be imposed on the strength of a letter alone. Under section 720.305, Florida Statutes, a homeowners association must first give at least 14 days' written notice of the owner's right to a hearing. That notice must include:
- A description of the alleged violation
- The specific action required to cure the violation, if applicable
- The hearing date and location, and access information if the hearing is held by telephone or other electronic means
The hearing must be held within 90 days after the notice is issued, before a committee of at least three members appointed by the board. Officers, directors, employees, and their close relatives may not serve. The owner has the right to attend by telephone or other electronic means. If the violation is cured before the hearing, or in the manner stated in the notice, a fine or suspension may not be imposed.
Within 7 days after the hearing, written notice of the committee's findings must be sent to the owner. If a fine is approved, the date for payment must be at least 30 days after that notice is delivered.
For condominiums, section 718.303 also requires at least 14 days' written notice and an opportunity for a hearing before a similar committee. If the fine is approved, payment is due 5 days after notice of the approved fine is provided.
Tone and Wording
The letter should be written as if it will be read aloud at a hearing, because it may be. Facts should be stated, and opinions about the owner should be left out. An offer to discuss the matter, or to grant more time when a reason is given, costs nothing and often ends the issue.
The same wording should be used for every owner with the same violation.
Delivery and Record Keeping
Under section 720.305, the hearing notice is sent to the parcel owner at the designated mailing or email address in the association's official records. When a tenant or guest is the one to be fined or suspended, notice is given to that person as well. The governing documents should be checked for any stricter delivery method, such as certified mail.
A copy of every letter, the photographs, proof of delivery, and notes of any conversation should be kept in the owner's file. Open violations that have been noticed to an owner are also reported at closing, as described in our post on the
estoppel letter from a homeowners association.
When the Violation Continues
If nothing changes after the courtesy notice, the formal notice and hearing should follow. Enforcement is one of the
tasks handled by community association management companies. When a fine has been approved and the violation still is not cured, the matter may be referred to the association's attorney, and presuit mediation or a court action may be considered. Repeated warning letters should not be sent in place of the statutory process.
Help With Covenant Enforcement
For communities managed by Condominium Associates, inspections, violation letters, hearing notices, and owner files are handled by the community's manager under the board's direction. To talk about enforcement in your association,
contact us.
