Florida Statutes 718.303: Condo Owner Obligations and Fines

Quick Answer

Section 718.303 makes condominium owners, tenants and the association bound by the Condominium Act and the governing documents, and gives both sides the right to sue. It also lets the association fine up to $100 per violation, $1,000 in the aggregate, after 14 days' written notice and a hearing before an independent committee, and suspend common-area use or voting rights for nonpayment.

The latest act in the history line is chapter 2024-244 (HB 1021), section 19.

At a Glance

What the Law Says

Who is bound and who can be sued, subsection (1)

Each owner, tenant, invitee and the association "is governed by, and must comply with" the chapter, the declaration, the association documents and the bylaws. Actions may be brought by the association or an owner against the association, an owner, developer-designated directors for pre-turnover acts, "any director who willfully and knowingly fails to comply," and tenants or other occupants. "The prevailing party in any such action ... is entitled to recover reasonable attorney fees." A prevailing owner may also recover additional amounts needed to reimburse the owner's share of assessments levied to fund the association's litigation expenses.

Fines, subsection (3)

• "A fine may not become a lien against a unit."
• A fine may be levied per day of a continuing violation with a single notice and hearing, but "may not exceed $100 per violation, or $1,000 in the aggregate."
• At least 14 days' written notice to the owner and any tenant, licensee or invitee, and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors or employees or their close relatives (spouse, parent, child, brother, sister).
• The committee's role "is limited to determining whether to confirm or reject" the fine or suspension; without majority approval it cannot be imposed.
• If approved, payment is due 5 days after written notice by mail or hand delivery.

Suspensions

Paragraph (3)(a) permits suspending common-area use "for a reasonable period of time," but not for limited common elements used only by the unit, common elements needed to access the unit, utilities, parking spaces or elevators. Subsection (4) allows suspension of use rights if an owner is more than 90 days delinquent on a fee, fine or other monetary obligation, without the (3) notice and hearing. Subsection (5) allows suspending voting rights only for nonpayment "of any fee, fine, or other monetary obligation due to the association which is more than $1,000 and more than 90 days delinquent," with proof provided 30 days before suspension and notice at least 90 days before an election. Suspended voting interests are subtracted from the total when computing quorum and approval percentages. Subsection (6) requires suspensions under (4) or (5) to be approved at a properly noticed board meeting.

Waiver and receivers

Subsection (2) bars waiver of a provision that would adversely affect owners' rights or the provision's purpose, except written waiver of notice of specific meetings if the bylaws allow. Subsection (8) says a receiver may not exercise voting rights of an owner whose unit is in receivership for the association's benefit.

What This Means in Practice

Boards

Treat the fine process as a procedure checklist: written notice at least 14 days ahead, an independent committee, a documented vote, written notice of the result and a 5-day payment date. Our reading: the fine cap applies "per violation" and the aggregate cap is $1,000, so a long-running violation should be tracked with dates and notices.

The voting suspension timeline is easy to miss: 90 days' notice before an election means the delinquency list must be reviewed well before the ballot mailing.

Owners

Fines cannot become a lien, so they are not foreclosable through the association lien. They can still support a lawsuit and a nonpayment-based suspension. Owners prevailing against the association may recover fees plus a share of litigation assessments.

Open questions

The statute does not define "reasonable period of time" for a suspension. Whether the 2024 amendment changed the voting-suspension rules is not something we verified. Check the dispute process in section 718.1255 before filing a lawsuit.

Timeline

Related Florida Law

• Section 720.305, the HOA fines statute.
• Section 718.1255.
• Dwork v. Executive Estates on fine hearing notice.
• HB 1021 (2024).
• Chapter 718 overview.

Board Checklist

• Verify the rule being enforced is in the declaration, bylaws or a reasonable adopted rule.
• Appoint a committee of at least three people who are not officers, directors, employees or their close relatives.
• Mail or deliver written notice at least 14 days before the hearing, to owner and any tenant.
• Record the committee vote and send the result in writing; payment due in 5 days.
• Do not suspend access to parking, elevators, utilities or the owner's own limited common elements.
• For voting suspensions, confirm the $1,000 and 90-day thresholds and the 30-day and 90-day notices.
• Approve suspensions under (4) and (5) at a properly noticed board meeting.

Frequently Asked Questions

How large can a condo fine be?

Up to $100 per violation and $1,000 in the aggregate, under subsection (3).

Can a fine become a lien?

No. The statute says a fine may not become a lien against a unit.

Who decides whether a fine stands?

A committee of at least three members who are not officers, directors, employees or their close relatives. Without majority approval, no fine.

When can voting rights be suspended?

For nonpayment of more than $1,000 that is also more than 90 days late, with required notices.

Can the association suspend parking or elevator use?

No. Those, along with access common elements and utilities, are excluded from suspension.

Who pays legal fees in a dispute?

The prevailing party recovers reasonable attorney fees under subsection (1).

Where This Comes From

We read the full 2026 text and history line of section 718.303 on the Florida Legislature's Online Sunshine site (section 718.303). Quotations are from the statute text. We did not read chapter 2024-244.

Where We Stand

Our position: we support the independent-committee fine process. A fine decided by neutral neighbors is far more defensible than one the board imposes alone, and the process keeps enforcement from becoming personal. A practical tip: send violation notices early and in writing, with photos and the specific rule, so a hearing is a conversation rather than a surprise. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.