State Law Guide - Updated January 2026
Florida HOA Laws and Homeowner Rights
Under Florida Homeowners' Association Act (Florida Statutes Chapter 720), Florida homeowners have specific rights when facing HOA fines and violations. 14 days written notice before hearing (Section 720.305(2)(a)). Fines are capped at $100.
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Your Rights Under Florida Homeowners' Association Act
Florida law provides important protections for homeowners facing HOA enforcement actions. Understanding these rights can help you identify procedural defects that may void improper fines.
14-Day Notice Requirement
HOA must provide at least 14 days written notice before any hearing (HB 1203)
Independent Committee
Hearing must be before 3+ independent members (not board or their relatives)
90-Day Hearing Deadline
Hearing must be held within 90 days of notice (HB 1203)
Right to Cure
Fine cannot be imposed if violation is cured before hearing
7-Day Written Decision
Committee must provide written decision within 7 days of hearing
30-Day Payment Window
Fine due date must be at least 30 days after written notice of decision
$100 Fine Cap in Florida
Fines capped at $100 per violation unless governing documents authorize higher
Many HOAs are unaware of or ignore this cap. If your fine exceeds $100, it may be voidable under Florida law.
Common HOA Violations in Florida
HOAs can only enforce rules that are properly documented in the governing documents (CC&Rs). Here are common violation types that Florida homeowners face.
Florida-Specific Issues
- -hurricane shutters
- -pool enclosures
- -tropical landscaping
- -boat/RV storage
- -flood mitigation
- -roof material restrictions
Common Nationwide Issues
- -architectural modifications
- -landscaping
- -parking
- -noise complaints
- -pet violations
- -rental restrictions
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Florida HOA Oversight
Florida Department of Business and Professional Regulation (DBPR)
Florida has state-level HOA oversight. You can file complaints and seek assistance for disputes.
Visit Florida Department of Business and Professional Regulation (DBPR)Frequently Asked Questions
How do I dispute an HOA fine in Florida?
Under Florida Statutes Section 720.305(2)(a), as amended by HB 1203 (2024), you have the right to request a hearing before an independent committee (not the board). The HOA must provide at least 14 days written notice before the hearing, and the hearing must be held within 90 days of the notice. If you cure the violation before the hearing, the fine cannot be imposed.
What is the maximum HOA fine in Florida?
Under Florida Statutes Section 720.305(2)(a), fines are capped at $100 per violation unless the governing documents specifically authorize higher amounts. For continuing violations, the aggregate fine cannot exceed $1,000 unless the documents provide otherwise. Fines under $1,000 cannot become a lien on your property.
Can my HOA fine me without a hearing in Florida?
No. Florida Statutes Section 720.305 requires a hearing before an independent committee of at least 3 members who are not officers, directors, employees, or relatives of the same. Fines imposed without this procedure are void. The committee, not the board, must approve any fine.
What changed under HB 1203 (2024)?
HB 1203, effective July 1, 2024, strengthened homeowner protections: the notice period increased from 10 to 14 days, hearings must be held within 90 days of notice, and the committee must issue a written decision within 7 days. These procedural requirements make it easier to void improperly imposed fines.
Where do I file a complaint against my HOA in Florida?
You can file complaints with the Florida Department of Business and Professional Regulation (DBPR) for issues involving CAMs (Community Association Managers). For disputes with the HOA itself, pre-suit mediation is available under Section 720.311. For election disputes, you can petition the Division of Condominiums.
Can my HOA foreclose on my home for unpaid fines in Florida?
For fines under $1,000, Florida law prohibits the HOA from placing a lien on your property (Section 720.305(2)(a)). The HOA can only foreclose for unpaid assessments, not for fines alone. However, once fines exceed $1,000, they can become a lien if authorized by governing documents.
Official Florida Resources
- Florida DBPR HOA Information(Government)
- Florida Division of Condominiums(Government)
- Florida Small Claims Court(Courts)
- Chapter 720 Full Text(Statute)
- Florida Attorney General Consumer Protection(Government)
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Based on Florida Statutes Chapter 720