HOAs enforce CCRs through fines, suspension of use rights, and liens under FL 720.305. Fines are capped at 100 dollars per violation with an aggregate maximum of 1,000 dollars unless declarations provide otherwise. Due process notice and hearing required.
Florida Statute 720.305 authorizes HOAs to fine members for CCR violations following at least 14 days written notice and an opportunity for a hearing before an independent committee of at least three members not related to board members. If the hearing committee rejects the fine, it cannot be imposed. Fines are capped at 100 dollars per violation and 1,000 dollars aggregate unless the governing documents establish higher limits. The HOA may also suspend use of common areas (pool, gym, amenities) for violations or unpaid assessments after similar notice. Fines of 1,000 dollars or more become liens enforceable like assessments. Condo enforcement under FL 718.303 mirrors these procedures. Selective enforcement (enforcing rules against some members but not others) is a defense to enforcement actions. Legal position-established covenants cannot be arbitrarily waived by the board.
Improper fine: unenforceable, members can recover attorney fees. Selective enforcement: defense in court. Failure to provide hearing: cancels fine.
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