FL 720.305 allows HOAs to enforce CC&Rs via fines up to 100/day (1,000 aggregate cap), suspension of common area privileges, and liens for fines over 1,000. 14-day hearing notice before fines imposed.
Enforcement procedure: written notice to owner, opportunity for hearing before independent committee of non-board members within 14 days, committee may approve fine. Fines cap at 100 per day, aggregate 1,000 per violation (may be higher if governing documents permit). Fines over 1,000 may be liened. Suspension of voting rights and common amenity use permitted for delinquency over 90 days. Selective enforcement is a defense.
HOA failure to follow procedure: fine unenforceable. Selective enforcement: owner may seek declaratory relief and attorney fees.
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