CC&R enforcement by Delray Beach HOAs follows FL 720.305. 14-day pre-fine notice required, fines capped at 100 dollars per violation and 1,000 dollars aggregate unless the declaration allows more. A fining committee of non-board members must approve.
FL 720.305(2) authorizes fines and suspensions for covenant violations. Process: written notice of violation, opportunity to cure, then 14-day notice of a hearing before an independent fining committee (minimum 3 members, none related to board). Fines cannot exceed 100 dollars per violation or 1,000 dollars aggregate unless CC&Rs say otherwise, and fines under 1,000 dollars do not create liens. Associations must apply rules uniformly. HB 1203 (2024) added requirements for written notice, cure periods, and transparency in fine imposition.
Improperly assessed fines can be challenged in county court. Prevailing homeowner recovers attorney fees under FL 720.305.
See how other cities in Palm Beach County handle cc&r enforcement.
See how Delray Beach's cc&r enforcement rules stack up against other locations.
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