How to Properly Handle HOA Violation Notices

Notice, hearing, and fine rules for Florida associations, and what owners should do

Rules in a community association are enforced through a process that is set partly by the governing documents and partly by Florida law.

This article is general information and is not legal advice. The association's attorney should be consulted.

The Usual Sequence

Enforcement normally moves through these stages:

1. A violation is observed or reported, and it is documented.
2. A courtesy letter is sent that names the rule and asks for correction by a stated date.
3. If the violation continues, a fine or suspension is proposed by the board, and written notice of the right to a hearing is sent.
4. A hearing is held before an independent committee.
5. The fine or suspension is confirmed or rejected by the committee.

What the Law Requires in a Homeowners Association

Fines and suspensions in a homeowners association are governed by section 720.305 of the Florida Statutes. Under the current text:

• A fine may not exceed $100 per violation unless otherwise provided in the governing documents.
• A fine may be levied for each day of a continuing violation, with a single notice and opportunity for hearing, but it may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents.
• A fine of less than $1,000 may not become a lien against a parcel.
• A fine or suspension may not be imposed unless at least 14 days' written notice of the right to a hearing is first sent to the owner's designated mailing or email address.
• The notice must include a description of the alleged violation, the specific action required to cure it, if applicable, and the hearing date, 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.

The Hearing Committee

The hearing is held before a committee of at least three members appointed by the board. Officers, directors, and employees of the association may not serve, and neither may their spouses, parents, children, brothers, or sisters.

The committee's role is limited to confirming or rejecting the fine or suspension levied by the board. If the proposed fine or suspension is not approved by a majority vote of the committee, it may not be imposed. The owner has the right to attend by telephone or other electronic means.

Within 7 days after the hearing, written notice of the committee's findings must be provided to the owner. The notice must state any fine or suspension that was approved or rejected, how the violation may be cured, and the date by which a fine must be paid.

Two protections for owners are written into section 720.305. If a violation is cured before the hearing, or in the manner specified in the written notice, a fine or suspension may not be imposed. If the violation is not cured and the fine is approved, the payment date set by the committee must be at least 30 days after delivery of the written notice of its findings.

What May Not Be Fined and Consistent Enforcement

Regardless of the governing documents, a homeowners association may not levy a fine or impose a suspension for either of the following:

• Leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated collection day or time
• Leaving holiday decorations or lights up longer than the documents allow, unless they remain for more than 1 week after written notice of the violation is provided

Rules should also be enforced the same way for every owner. Selective enforcement is a common defense, and it weakens the board's position in later cases. More on the board's duties can be found in the role of the board of directors.

How Condominiums Differ

Condominium fines are governed by section 718.303. The same 14 days' written notice and the same kind of independent committee are required. The fine may not exceed $100 per violation or $1,000 in the aggregate, and a fine may not become a lien against a unit. If the fine is approved by the committee, payment is due 5 days after notice of the approved fine is provided to the unit owner.

What an Owner Should Do After Receiving a Notice

• The notice should be read carefully and compared with the rule that is cited.
• If the violation exists, it should be corrected and the correction confirmed in writing, with a photograph.
• If the notice is believed to be mistaken, a written response should be sent before the deadline.
• The hearing should be attended, in person or remotely, with supporting photographs or documents.
• Notices should not be ignored.

Help With Violation Notices

Inspections, notices, and hearing scheduling are handled for the communities managed by Condominium Associates. Expectations for a manager's part in the process are covered in setting expectations for your HOA management company. To talk about your association's enforcement process, contact us.