Florida Statutes 720.305: HOA Fines, Suspensions and the Hearing Committee

Quick Answer

Section 720.305 of the Florida Statutes lets a homeowners' association levy "reasonable fines" and suspend common-area use rights for violations of the declaration, bylaws or rules. A fine is capped at $100 per violation and $1,000 in the aggregate unless the governing documents say otherwise, and a fine under $1,000 cannot become a lien. Before the board can impose a fine or suspension it must give at least 14 days' written notice and a hearing before a committee of at least three people who are not on the board; if the committee does not approve it, it cannot be imposed.

At a Glance

What the Law Says

Subsection (1) says each member, and the member's tenants, guests and invitees, "and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association." Either side can sue to enforce, and the association can sue a director or officer who "willfully and knowingly" fails to comply. The prevailing party "is entitled to recover reasonable attorney fees and costs."

Subsection (2) is the fine rule:

• Cap: "A fine may not exceed $100 per violation" and, for a continuing violation levied daily with a single notice and hearing, may not exceed $1,000 in the aggregate, in both cases "unless otherwise provided in the governing documents."
• Lien: "A fine of less than $1,000 may not become a lien against a parcel."
• Fees: in an action to recover a fine, the prevailing party is entitled to reasonable attorney fees and costs.

The hearing procedure sits in paragraphs (2)(b) through (2)(g):

• Notice: at least 14 days' written notice of the owner's right to a hearing, sent to the designated mailing or email address in the official records (and to any occupant, licensee or invitee to be fined). It must describe the alleged violation, the specific action required to cure it, and the hearing date and location or access information.
• Hearing: held within 90 days after the notice is issued, before a committee of at least three members appointed by the board who are not officers, directors or employees, or the spouse, parent, child, brother or sister of one. The committee may meet by telephone or other electronic means, and the owner may attend that way.
• Vote: if the committee by majority vote does not approve the proposed fine or suspension, it "may not be imposed." The committee's role "is limited to determining whether to confirm or reject."
• Written findings: within 7 days after the hearing, written notice of the findings, how to cure or fulfill the suspension, or the date by which a fine must be paid.
• Cure: if the violation is cured before the hearing or as the notice specifies, a fine or suspension "may not be imposed."
• Payment date: the committee sets a payment date at least 30 days after delivery of the findings notice. Attorney fees and costs may not be awarded against the owner based on board actions before that date, and fees may not begin to accrue until after the noticed payment date and "the time for an appeal has expired."

Suspension of common-area use for a rule violation (paragraph (2)(a)) is allowed "for a reasonable period of time," but it may not cover the part of the common area used for access or utilities and may not block vehicular and pedestrian access to the parcel, "including, but not limited to, the right to park."

Subsections (3) and (4) allow two suspensions for nonpayment when a member is more than 90 days delinquent in "any fee, fine, or other monetary obligation": suspension of common-area use rights, and suspension of voting rights. The 14-day notice and hearing process in subsection (2) "do not apply" to these. Subsection (5) requires approval at a properly noticed board meeting and written notice by mail or hand delivery. A suspended voting interest is subtracted from the total voting interests, including for quorum and for the vote needed to approve an action, and the suspension ends on full payment.

Subsection (7) says that, regardless of the governing documents, an association may not fine or suspend for leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after collection, or for holiday decorations or lights left up longer than the governing documents allow "unless such decorations or lights are left up for longer than 1 week after the association provides written notice of the violation."

What This Means in Practice

For boards

The statute puts the decision with the committee, not the board. The board proposes; the committee confirms or rejects. Build the calendar backward from the statute: notice at least 14 days before the hearing, hearing within 90 days of the notice, findings within 7 days of the hearing, and a payment date at least 30 days after the findings are delivered. A fine cannot be collected, and fees cannot run, before that date.

Check the governing documents before assuming the $100 and $1,000 figures apply. The statute lets the documents set different amounts. Also check who is on the committee: officers, directors, employees and their listed relatives are excluded.

For owners

An owner who cures the violation before the hearing, or as the notice describes, cannot be fined or suspended for it. An owner more than 90 days late on any monetary obligation can lose common-area use and voting rights without a hearing, but not access to or parking at the parcel.

Open questions (our reading)

• The statute does not define "reasonable" fines or a "reasonable period" of suspension. Those questions turn on the facts and the governing documents.
• Our reading is that the $1,000 lien threshold means a fine alone cannot support a lien below that amount, but the section does not say how fines combined with assessments are treated. Confirm with counsel.
• The statute does not say how the 90-day delinquency in subsections (3) and (4) is counted when an owner makes partial payments. Confirm with counsel.

Timeline

Related Florida Law

• Section 720.303: official records and the accounting an owner can request; failing to answer a written accounting request within 15 business days waives certain old fines.
• Section 720.3085: assessment liens, which are separate from fines.
• Section 720.3035: architectural review, a common source of violation notices.
• Section 720.311: presuit mediation for covenant disputes.
• 2024 HOA reform bill page.
• Florida HOA laws complete guide

Board Checklist

• Read the declaration, bylaws and rules for any fine amount or aggregate cap that differs from $100 and $1,000.
• Appoint a fining committee of at least three members who are not officers, directors, employees or their listed relatives.
• Send the hearing notice at least 14 days ahead, to the designated mailing or email address in the official records, with the violation, the cure and the hearing details.
• Hold the hearing within 90 days of the notice and offer telephone or electronic attendance.
• Send written findings within 7 days and set a payment date at least 30 days after delivery.
• Do not fine or suspend for garbage receptacles within 24 hours of collection or for holiday decorations before the one-week notice period has run.
• Approve nonpayment suspensions at a properly noticed board meeting and send written notice by mail or hand delivery.
• Keep the notices, minutes and committee decisions in the official records.

Frequently Asked Questions

What is the maximum fine an HOA can charge in Florida?

Section 720.305(2) caps a fine at $100 per violation unless the governing documents provide otherwise, with a $1,000 aggregate cap for a continuing violation levied daily under a single notice and hearing, again unless the governing documents provide otherwise.

Can an HOA put a lien on my home for a fine?

Not for a small one. The statute says "A fine of less than $1,000 may not become a lien against a parcel." Fines of $1,000 or more are not addressed by that sentence, so confirm the documents and the law with counsel.

Who decides whether I am fined?

A committee of at least three members appointed by the board who are not officers, directors or employees, or their spouses, parents, children, brothers or sisters. If a majority does not approve, the fine or suspension may not be imposed.

How much notice do I get before a fine hearing?

At least 14 days' written notice, and the hearing must be held within 90 days after the notice is issued.

Can the HOA suspend my voting rights?

Yes, if you are more than 90 days delinquent on a fee, fine or other monetary obligation. Subsection (4) allows it, the board must approve it at a properly noticed meeting, and the suspension ends when everything currently due is paid.

Can the HOA fine me for leaving trash cans out?

Not if they are at the curb or end of the driveway within 24 hours before or after the scheduled collection. Subsection (7) overrides the governing documents on this point.

Can the HOA stop me from parking at my own home as a penalty?

No. A suspension may not prohibit an owner or tenant from having vehicular and pedestrian ingress and egress, "including, but not limited to, the right to park."

Where This Comes From

We read the full text and history line of section 720.305 in the 2026 Florida Statutes on the Florida Legislature's Online Sunshine site (section 720.305), and the Florida Senate's staff analysis of 2021 Senate Bill 630 for the 2021 context. Quotations are from the statute text.

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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.