Your HOA Sent You a Fine. Here's What You Can Actually Do About It.
You come home one afternoon to find a letter in your mailbox. Your homeowners association is fining you $250 for a trash can that was visible from the street for four hours on a Tuesday. Or maybe it's $500 because someone on the board decided your mulch is the wrong shade of brown. Or perhaps it's a violation notice for a fence that has been standing since before you bought the house.
If you live in Florida, you have almost certainly dealt with something like this. Florida has one of the highest concentrations of HOA-governed communities in the country — over 45,000 community associations statewide, covering millions of homeowners. And while most HOAs operate reasonably, some do not. Selective enforcement, procedural overreach, and outright errors are common enough that Florida has an entire body of law dedicated to regulating what HOAs can and cannot do to the people who live in their communities.
Here is what you actually need to know.
THE LAW THAT GOVERNS YOUR HOA — CHAPTER 720
Florida's Homeowners' Association Act, codified at Chapter 720 of the Florida Statutes, is the primary law governing HOAs in Florida. It establishes what boards can and cannot do, what procedures they must follow, what records they must keep, and what rights homeowners have. If your HOA is not following Chapter 720, it is breaking the law — and the consequences for the association can be significant.
The most important thing to understand is that your HOA's power comes from two sources: Chapter 720 and the association's own governing documents — the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), the Bylaws, and the Rules and Regulations. The board can only enforce what is actually written in those documents, and it must do so consistently.
Your Right to See the Records: Under Florida Statute §720.303, you have the right to inspect and copy your association's official records — including the CC&Rs, Bylaws, meeting minutes, financial records, and contracts — within 10 business days of a written request. If the HOA refuses, it may be liable for damages, attorney's fees, and a $50 per day penalty.
THE FINE PROCESS — WHAT THE HOA MUST DO
Before a fine over $1,000 can be collected, a specific legal procedure must be followed:
1. The board must provide written notice of the alleged violation
2. The homeowner must be given a reasonable opportunity to cure the violation
3. The board must provide at least 14 days' written notice and an opportunity to be heard before a fining committee
4. The fining committee must consist of at least 3 members who are NOT board members or officers
5. If the fining committee does not approve the fine by majority vote, the fine CANNOT be imposed
Fines are limited to $100 per violation per day, with a cap of $1,000 per violation unless the governing documents provide otherwise.
THE 5 MOST COMMON WAYS FLORIDA HOAs OVERREACH
1. Selective Enforcement — The board fines you for a fence but ignores the same fence on your neighbor's property. Florida courts have consistently held that HOAs cannot selectively enforce their own rules.
2. Fining for Things Not in the Documents — An HOA cannot enforce unwritten rules or stretch the meaning of its governing documents beyond their clear text. If the violation is not clearly stated, the fine may be unenforceable.
3. Skipping the Required Hearing Procedure — A fine imposed without proper notice and a properly constituted fining committee hearing may be legally void.
4. Denying Access to Records — Refusing to provide financial statements, contracts, or meeting minutes violates Florida Statute §720.303.
5. Threatening a Lien for Unpaid Fines — Under Chapter 720, an HOA generally cannot lien your property solely for unpaid fines — only for unpaid assessments.
IMPORTANT WARNING: Do not ignore a lien or foreclosure threat. Even if you believe a lien is improper, ignoring it is dangerous. Contact an attorney immediately if your HOA has placed a lien or threatened foreclosure.
YOUR RIGHTS AT HOA BOARD MEETINGS
All board meetings must be noticed and open to homeowners under Florida Statute §720.303(2). Homeowners must be given a reasonable opportunity to speak on agenda items. Attend meetings, speak on the record, and keep your own written records of what is said.
WHAT YOU SHOULD DO RIGHT NOW
DO:
- Request copies of the governing documents in writing
- Request meeting minutes where your violation was discussed
- Document everything in writing — emails over phone calls - Respond in writing to all violation notices, even to dispute them
- Check whether you were offered a proper fining committee hearing
- Contact an attorney immediately if you received a lien notice
DO NOT:
- Pay a fine you believe is improper without consulting an attorney first
- Ignore lien or foreclosure notices
- Get into verbal arguments with board members
- Sign any HOA release or settlement without legal review
THE BOTTOM LINE
Florida HOAs have real power — but that power has real limits. Chapter 720 was written to protect homeowners as much as it was written to empower associations. If your HOA is fining you improperly, denying you access to records, applying rules selectively, or threatening a lien, you have legal options.
The HOA has an attorney working for it. In any serious dispute, you should have one working for you.
The Dempsey Law Firm represents Florida homeowners in HOA disputes throughout Miami-Dade, Broward, Palm Beach, Hillsborough, Duval and all 67 Florida counties. Contact us today for a free consultation: (305) 320-1141 | eliot@thedempseylaw.com | thedempseylaw.com/contact
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Eliot B. Dempsey, Esq. | The Dempsey Law Firm | 2980 NE 207th Street Suite 300, Miami FL 33180 The information in this article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please contact our office to schedule a consultation.