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Miami, FL HOA Rules: CC&R Enforcement (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

HOA Fine Cap
$100/day, $1,000 max
Fining Committee
Non-board members required
Notice
14 days before hearing
Suspension
90+ days delinquent
Enforcement
Must be uniform

Summary

Florida law caps HOA fines at $100 per day per violation (up to $1,000 aggregate) and requires a fining committee separate from the board. Condo fine procedures follow similar rules. Associations can suspend common-area use rights for delinquent owners.

720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights. — ... (2) An association may levy reasonable fines for violations of the declaration, association bylaws, or reasonable rules of the association. A fine may not exceed $100 per violation against any member or any member's tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association unless otherwise provided in the governing documents. A fine may be levied by the board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. ... (b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days' written notice of the parcel owner's right to a hearing... (7) Notwithstanding any provision to the contrary in an association's governing documents, an association may not levy a fine or impose a suspension for any of the following: (a) Leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated garbage collection day or time. (b) Leaving holiday decorations or lights on a structure or other improvement on a parcel longer than indicated in the governing documents, unless such decorations or lights are left up for longer than 1 week after the association provides written notice of the violation to the parcel owner.

Source: FL §720.305 HOA FinesView official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Florida provides specific rules for association enforcement of covenants, conditions, and restrictions. 303 (condos), associations may levy fines for rule violations after a hearing before a committee of members who are not board members (the fining committee). HOA fines are capped at $100 per day per violation, with a maximum aggregate of $1,000 per violation unless the governing documents specify otherwise. The fining committee must approve each fine by majority vote after giving the violating owner a 14-day notice and opportunity to be heard. 305(5) for HOAs).

Common enforcement actions include: written notice of violation, opportunity to cure, fining committee hearing, fine imposition, and suspension of privileges. For persistent violations, associations may seek injunctive relief in circuit court. Florida law requires uniform enforcement, selective enforcement is a defense to fine collection. Associations may record a claim of lien for unpaid fines if the governing documents authorize it.

Violations & Fines

Fines up to $100/day ($1,000 max aggregate per violation) for HOAs. Suspension of voting and common-area privileges for 90+ day delinquency. Injunctive relief for persistent violations. Lien for unpaid fines if authorized by documents.

Frequently Asked Questions

How much can a Miami HOA fine me?
Up to $100 per day per violation, with a maximum aggregate of $1,000 per violation under FL §720.305. Fines must be approved by a fining committee (not the board) after a hearing with 14-day notice.
Can the HOA take away my pool/gym access?
Yes. Florida law allows associations to suspend common-area use rights for owners more than 90 days delinquent in assessments. This does not apply to the owner's right to access their unit.
What if the HOA enforces rules selectively?
Selective enforcement is a valid legal defense. If the association only enforces rules against certain owners and ignores the same violations by others, the fined owner can challenge the enforcement action.

Sources & Official References

Other rules in Miami

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