Florida Statute Chapter 720 governs CC&R enforcement. The association must provide written notice of a violation with a reasonable time to cure before imposing fines (up to $100/day, max $1,000 per occurrence). A fining committee separate from the board must approve fines.
Under Florida Statute Section 720.305, enforcement of CC&Rs (covenants and restrictions) requires the association to provide written notice of the violation and a reasonable time for the owner to cure before any enforcement action. If the violation is not cured, the association may impose fines up to $100 per day per violation, with a maximum of $1,000 for any single continued violation. Critically, fines must be approved by a committee of at least 3 members (the fining committee) who are not officers, directors, or employees of the association. The fining committee must provide the owner an opportunity to be heard before approving the fine. The association may also suspend common area use rights for up to 90 days for violations (but may not suspend voting rights or access to the owner's own unit). CC&R provisions that discriminate based on protected classes are void under the federal Fair Housing Act and Florida Fair Housing Act. The association may file a civil action to enforce CC&Rs in Duval County Circuit Court with attorney fees recoverable by the prevailing party. Jacksonville does not add municipal CC&R enforcement requirements.
Fines up to $100/day ($1,000 max per occurrence) approved by fining committee. Suspension of common area rights for up to 90 days. Civil action in circuit court with attorney fees.
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