Portofino At Pelican Marsh Homeowners Association, Naples Fl

Property Manager for Portofino At Pelican Marsh Homeowners Association, Naples Fl

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Can My Florida HOA Issue Fines?

Most residents are rule-abiding community members that keep to themselves. On the rare occasion that a rule is blatantly and repeatedly violated, a homeowner’s association (HOA) can impose fines to remedy the situation. However, every state has its own unique laws regarding the extent to which HOAs can enforce rules and fines.

In this article, we will be discussing the Florida laws concerning fines and how HOAs should approach rule enforcement.

Florida Law

Florida Statute 720.305 has several provisions outlining how HOAs can implement fines. While we mention residents throughout this article, these laws also apply to “any tenants, guests, or invitees occupying a parcel or using the common areas.”

Although it cannot exceed $100, a fine can be levied every day that a violation occurs. Altogether, you can fine residents a max of $1000 for an ongoing offense. Once a fine has reached $1000, a lien may be placed against the resident’s property. In addition to fines, a resident can be suspended from common areas, assuming they can still access their property and utility services. The suspension must end once fines are paid.

14-Day Notice

A fine cannot be imposed unless 14 days are first provided to the resident. The resident then has an opportunity to appear at a hearing in front of a trio of board-appointed members “who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.” The members may reject the fine if it is unreasonable. If the fine is approved, the fine is due five days after the hearing, and the resident must be informed by mail or hand delivery.

As an HOA board member, you should be willing to work with your residents to try and resolve disputes without going through this process. If you’re too eager to penalize your residents, they may end up packing up and moving out. Additionally, failure to follow the laws outlined above could result in a costly suit from a disgruntled homeowner.

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