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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Suspensions, Fines & Remedies

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Delinquent Owners not Eligible for the Board of Directors in Florida Condominiums & HOAs

Posted in Board Eligibility, Elections, Suspensions, Fines & Remedies

Question: I live in a homeowners’ association and recently submitted my intent to run for the board. However, my name was not included on the ballot that was mailed out to all of the owners. When I asked the association about it, the association said I was not eligible because I had an unpaid $100.00… Continue Reading

Fining Procedures Confound Condominium & Cooperative Boards in Florida

Posted in Association Documents, Governing Documents, Reader Q&A, Rules & Regulations, Suspensions, Fines & Remedies, Uncategorized

Question: Our association tried to fine an owner who violated our rules, but decided the process was too complicated. Can you provide a step-by-step outline of how fines are issued and collected? (M.G. by e-mail) Answer: Fines can be imposed against condominium and cooperative unit owners, occupants, licensees and invitees. The law for homeowners’ associations… Continue Reading

Florida Condominium and HOA Fining Laws are Slightly Different

Posted in Covenant Enforcement/Violations, Legislation, Suspensions, Fines & Remedies, Uncategorized

Question: There seems to have been a lot of change in the law about fining. Has the legislature finally made the condominium statute and the homeowners’ association statute the same on this issue? (C.M. by e-Mail) Answer: More or less. The legislature is getting closer to making the statutes identical, but there are still a… Continue Reading

Association Has Several Options to Enforce HOA Documents

Posted in Association Documents, Covenant Enforcement/Violations, Rules & Regulations, Suspensions, Fines & Remedies

Question: The governing documents for our homeowners’ association contain a number of restrictions and rules. However, they do not contain any instructions on what happens if an owner fails to comply with the documents. If an owner is not obeying the documents, what does the homeowners’ association do? (D.H by e-mail) Answer: The association has… Continue Reading

Can a Condominium Board Take Away Delinquent Owners’ Rights to Common Areas?

Posted in Covenant Enforcement/Violations, Reader Q&A, Suspensions, Fines & Remedies

Question: Our condominium association has a number of owners who are delinquent. We have reviewed various collection options, including liens and foreclosure. I understand that there are other actions the association can take including taking away use rights in the condominium property. How can we take away an owner’s right to use the property?  If… Continue Reading

New Bills Impacting Homeowners’ Associations Filed for 2016 Legislative Session

Posted in Assessment Collection, CALL Alert, Covenant Enforcement/Violations, Legislation, Official Records, Rules & Regulations, Suspensions, Fines & Remedies

HB 7031, Relating to the Marketable Record Title Act (MRTA) has been filed by the House Civil Justice Subcommittee.  Specifically, the bill provides that covenants and restrictions of homeowners’ associations will not expire because of MRTA. This will save HOAs thousands of dollars by not having to “preserve” their covenants and restrictions or “revitalize” them… Continue Reading

Association Regulations Can Lose Their Teeth If Not Enforced

Posted in Covenant Enforcement/Violations, Reader Q&A, Rules & Regulations, Suspensions, Fines & Remedies

Question: Our homeowners’ association board and management company do not enforce the restrictions contained in our governing documents. While the association occasionally sends out a letter to an owner advising them of a violation, there is no fining committee and to my knowledge the association has never filed any legal action to enforce our documents…. Continue Reading

How Do You Find Volunteers to Serve on a Fining Committee?

Posted in Covenant Enforcement/Violations, Reader Q&A, Suspensions, Fines & Remedies

Question: I serve on a condominium association board. I’ve read about fining committees. Not surprisingly, no one in our community wants to serve on such a committee. This makes it almost impossible to enforce our rules. Our association’s governing documents state that people being fined must have a hearing before the board of directors. Do… Continue Reading

Is A Hearing Required Before Attorney’s Fees Are Assessed Against Condominium Owner?

Posted in Assessment Collection, Owner Payment Responsibility, Reader Q&A, Suspensions, Fines & Remedies

Question: I read one of your recent blogs on the levy of fines by associations. Do the same “due process” requirements apply to collecting attorney’s fees from a unit owner? J.M. (via e-mail) Answer: No. The Florida statutes applicable to condominiums, cooperatives, and homeowners’ associations state that an association cannot levy and collect a fine unless… Continue Reading

Can a Florida HOA Fining Committee Be Anonymous?

Posted in Covenant Enforcement/Violations, Reader Q&A, Suspensions, Fines & Remedies

Question: We live in a small homeowners’ association and everyone knows everyone else. Is it possible for the association to impose fines but have the members of the fining committee remain anonymous? J.P. (via e-mail) Answer: No. Both the Homeowners’ Association Act, Chapter 720, and the Florida Condominium Act, Chapter 718, lay out the process… Continue Reading

Can All HOA’s Levy Fines?

Posted in Covenant Enforcement/Violations, Reader Q&A, Suspensions, Fines & Remedies

Question: Our homeowners’ association governing documents do not have a provision that authorizes fining homeowners. The documents only contain a provision for levying assessments and a lien due to unpaid assessments. Do the Florida Statutes authorize all homeowner associations with the ability to fine regardless of that association’s governing documents? J.K. (via e-mail) Answer: Yes,… Continue Reading

Multiple Units/Common Title Holder — How to Collect Delinquent Fees

Posted in Assessment Collection, Covenant Enforcement/Violations, Owner Payment Responsibility, Reader Q&A, Suspensions, Fines & Remedies

Question: We have an owner that owns two units. He always makes prompt payment for one of the units, but is always behind on the other. Can we put a lien on both units? Can we do anything else? P.M. (via e-mail) Answer: The two units should be treated separately. A claim of lien can… Continue Reading

Should “Fining Committee” Meetings be open to Unit Owners?

Posted in Covenant Enforcement/Violations, Reader Q&A, Suspensions, Fines & Remedies

Question: I got a notice that the Fining Committee will be considering whether to recommend that the Board levy a fine against me for failure to remove my holiday decorations within the time prescribed in the Declaration. The notice states when and where the Fining Committee will be meeting, but I do not see that… Continue Reading

HOA Traffic Enforcement

Posted in Covenant Enforcement/Violations, Suspensions, Fines & Remedies

New Ruling Authorizes Private Security to Detain & Ticket  Crazy drivers speed through communities endangering the lives of children and other residents. Tailgaters follow residents through the gates jeopardizing HOA security measures. Drivers ignore stop signs because, after all, it’s only the HOA stop sign. How long will it take for a reckless driver to… Continue Reading