To impose the fine(s) on a member, the Violation Committee must vote to approve the fine(s) by majority vote. At the violation hearing, the Violation Committee shall review the evidence presented and the parties' testimony in determining whether to impose a fine. It is easier to argue the justification of a fine if the member has proper notice of the hearing before it is imposed. The notice of hearing on the violation should also be provided to the member via certified mail, return receipt requested, and regular first-class mail to ensure receipt and prove the same should it be necessary. The notice of hearing for the violation should be posted in the same manner other HOA meetings are noticed (see the HOA’s Governing Documents for reference). “The committee's role is limited to determining whether to confirm or reject the fine or suspension levied by the board”. The Violation Committee must consist of at least three (3) members of the association who are not “officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee” of the HOA. This notice must clearly state the hearing's date, time, and place and the reason for the hearing. After the BOD votes to impose a fine or fines against a member and the amount to be levied, the fine is not considered valid and enforceable until the HOA provides the member with 14 days’ notice that the BOD has voted to impose a fine against the member and that the member has the opportunity to be heard before the HOA’s Violation Committee. In that case, the BOD must hold a duly noticed meeting to vote on whether to impose a fine and set the amount of the fine not to exceed $100.00 per violation (unless your association’s governing documents provide otherwise). Suppose the member fails to take corrective action. Once a member has been determined to violate the Governing Documents, the first step is to provide a warning and the opportunity to cure the violation within a reasonable time (I recommend 30 days, but it ultimately depends upon the alleged violation). In a nutshell, the current process for imposing a fine on a member can be quickly summed up as follows: Starting in 2015, the Statutes created a two-step process, requiring the Board of Directors (“BOD”) first to hold a meeting to vote whether to fine the member and for how much, and then the Violation Committee must hold a hearing, hear evidence, and then vote whether to approve or reject the fine(s) proposed by the BOD. If you want to learn more about Florida HOA statutes and how they affect you, please contact us today.

These documents include the declaration, articles of incorporation, bylaws, and rules and regulations of the association. Are HOA Fines Enforceable in Florida?įlorida law allows homeowners associations (HOAs) to impose fines for violating the community's governing documents. The Violation Committee, after hearing all evidence, would then vote on whether or not to impose a fine for the violation, as well as determine the amount of the fine or fines to be imposed. The HOA was required to provide at least 14 days' notice of the hearing, which also stated the member would have an opportunity to be heard before any fine or fines were levied. Generally, this is due to a change in the statutes that occurred in 2015 that added additional ‘steps’ to the fining process, and the Governing Documents have just not been updated.īefore 2015, HOA fines were levied by a committee, typically called a Violation Committee, after first giving a member a written warning of a violation of the Governing Documents with a notice of hearing on the violation. More often than not, I come across a language that does not correctly reflect what the Florida Statutes requires. One of the main things I look at is the language and procedures related to issuing fines to HOA members who violate the terms of the Governing Documents. Helping You Navigate Florida HOA StatutesĪfter I am retained to act as general counsel for a Homeowners’ Association (“HOA”), I generally request permission to review the Covenants and Restrictions, Articles of Incorporation, and Bylaws (collectively the “Governing Documents”) for issues to address with my client.

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