How much can a homeowner’s association fine a member?

How much can a homeowner’s association fine a member?

An association may impose reasonable fines for violations. Each violation against a member, their tenant, guest, or invitee for the owner’s or occupant’s failure to comply with the declaration, bylaws, or reasonable association rules, except as otherwise specified in the governing documents, may result in a fine of up to $100. The board can impose a daily fine for each continuing violation, with a single notice and opportunity for hearing, but the total fine cannot exceed $1,000 unless otherwise provided in the governing documents. A fine of less than $1,000 cannot become a lien against the parcel. In any action to recover a fine, the winning party is entitled to reasonable attorney’s fees and costs from the losing party, as determined by the court.

Can an association deprive a member of use of a common area?

An association may temporarily suspend a member’s right to use common areas and facilities for a reasonable period if the parcel’s owner or occupant fails to comply with any provision of the declaration, bylaws, or reasonable rules. However, this suspension does not apply to areas used for access or utility services. Notably, it does not prevent owners or tenants from having vehicular and pedestrian access to and from the parcel, including the right to park.

If the committee, by a majority vote, fails to approve a proposed fine or suspension, it cannot be imposed. The committee’s sole responsibility is to decide whether to confirm or reject the fine or suspension levied by the board. If the board’s proposed fine or suspension is approved by the committee, the fine payment is due five days after the approved fine is notified to the parcel owner and, if applicable, to any occupant, licensee, or invitee of the parcel owner. The association must send written notice of the fine or suspension via mail or hand delivery to the parcel owner and, if applicable, to any occupant, licensee, or invitee of the parcel owner.

Notice and Opportunity to be heard is Required Before Issuance of a Fine.

The board of administration can’t impose a fine or suspension without giving the parcel owner at least 14 days’ notice. If there are any other people who live or work on the property, they’ll also get a notice. The board can also set up a hearing before a group of at least three people who aren’t officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.

What are the Available Remedies in Litigation?

In homeowner’s association lawsuits, the winning party can get paid for their lawyer’s fees and costs. If a member wins against the association, they can also get paid for their lawyer’s fees, plus any extra money the court decides they need to pay back the member for their share of the association’s fees to pay for the lawsuit. These rules don’t take away any other rights or options the person has. 

Top Miami, Broward and Palm Beach County HOA Attorney

Real Estate Litigation is a serious matter.  A lawsuit filed by an association against your homestead can have lasting implications. Speak with Florida HOA attorney Andrew J. Pascale today at 877-667-1211.  This blog does not constitute legal advice and is for informational purposes only.