Receiving a violation notice from your homeowners association can feel like being called to the principal's office — even when you've done nothing wrong. In Florida, HOA disputes are remarkably common, and many homeowners don't realize they have significant legal rights under Florida law. Here is a practical guide to fighting an HOA violation notice in Florida.
Step 1: Read the Notice Carefully
The first thing to do when you receive a violation notice is read it carefully. Florida law (Chapter 720) requires HOA violation notices to:
• Specifically identify the violation — a vague notice like "your property is not in compliance" may not be legally sufficient
• Reference the specific provision of the governing documents (rules, CC&Rs, or bylaws) that is allegedly being violated
• Give you a reasonable time to cure the violation before any fine is imposed If the notice lacks any of these elements, that is a procedural defect you can challenge.
Step 2: Request a Hearing
Under Florida Statute §720.305, before your HOA can impose a fine greater than $1,000, it must offer you a hearing before a committee made up of non-board-member residents. This is not optional — it's a legal requirement. If the committee does not approve the fine, the fine cannot be imposed.
Request this hearing in writing as soon as possible after receiving the notice. Keep a copy of your request.
Step 3: Gather Your Evidence
Before the hearing, build your case. Depending on the violation alleged, this might include:
• Photographs showing your property is in compliance
• Emails or letters showing you communicated with the board about the issue
• Documentation that the violation has been cured
• Evidence that the board is selectively enforcing the rule against you (photos of other properties with similar conditions that have received no notice)
• A copy of the specific rule alleged to be violated, and any ambiguities in that language
Selective enforcement is a common and powerful defense in Florida HOA disputes. If the board is only enforcing a rule against certain homeowners, that may constitute discriminatory enforcement — which is legally challengeable.
Step 4: Review the HOA's Own Rules and Procedures
HOA boards are bound by their own governing documents. If the board failed to follow its own procedures in issuing the violation notice or scheduling the hearing, the fine may be void. Request a copy of the HOA's complete governing documents if you don't have them — Chapter 720 gives you the right to inspect these records within 10 business days of a written request.
Step 5: Know the Broader Options If the hearing doesn't resolve your dispute, or if the board continues to act improperly, you have additional options in Florida:
• Mandatory Pre-Suit Mediation or Arbitration — Many HOA disputes require a formal mediation or arbitration process before a lawsuit can be filed. The Florida Division of Condominiums, Timeshares, and Mobile Homes administers this program.
• Injunctive Relief — If the HOA is threatening irreparable harm (like proceeding with a lien or foreclosure), a court can issue an injunction to stop them while your case is pending.
• Civil Lawsuit — For significant violations of your rights, a lawsuit may be the appropriate remedy.
When to Call an Attorney
For minor disputes, you may be able to navigate the process on your own. But if the fine is substantial, the HOA is refusing to follow its own procedures, or the dispute involves a lien or foreclosure threat, you should consult an attorney. The HOA will have legal representation — and you deserve the same.
The Dempsey Law Firm — Florida HOA Dispute Attorneys
Attorney Eliot Dempsey represents Florida homeowners in disputes with their homeowners associations, including fine disputes, records access issues, election challenges, and HOA lien defense. We serve clients throughout Miami-Dade, Broward, and Palm Beach Counties and across the state. Contact us for a free consultation: (305) 320-1141 or eliot@thedempseylaw.com.