Miami, FL HOA Rules: CC&R Enforcement (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.
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?
Can the HOA take away my pool/gym access?
What if the HOA enforces rules selectively?
Sources & Official References
Other rules in Miami
Florida rules heatmap·Compare Miami to another location·View the Florida hoa rules overview
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