What is the fine limit for a Florida condo association?

Under F.S. 718.303, a Florida condominium association may fine a unit owner up to $100 per violation. Fines may not exceed $1,000 in the aggregate unless otherwise provided in the declaration.

Can a Florida condo fine become a lien on the unit?

No. Unlike homeowners associations governed by Chapter 720, condominium fines under Chapter 718 cannot become a lien against the unit. The association must pursue other collection remedies.

Who serves on the fines hearing committee for a Florida condo?

The hearing must be conducted by a committee of at least three members appointed by the board who are not officers, directors, or employees of the association. The committee must agree with the fine by majority vote before it takes effect.

Florida Condo Fines and Hearing Procedure Under s. 718.303

The statute

F.S. 718.303 authorizes condominium associations to levy fines against unit owners and occupants who violate the declaration, bylaws, or rules of the association. The statute sets strict procedural requirements that must be met before a fine becomes enforceable.

14-day written notice

Before the association may impose a fine, it must provide the unit owner with at least 14 days written notice. The notice must identify the specific violation and inform the owner of the opportunity to request a hearing before the fines committee.

The independent hearing committee

The hearing must be conducted by a committee of at least three members appointed by the board. Committee members may not be officers, directors, or employees of the association. If the committee does not agree with the proposed fine by majority vote, the fine may not be imposed.

This requirement exists to ensure that the fining process includes a check independent of the board that levied the violation.

Fine limits

The statute caps fines at $100 per violation. Fines may not exceed $1,000 in the aggregate unless the declaration of condominium provides otherwise. Each day a continuing violation exists may be treated as a separate violation for the purpose of calculating the aggregate.

Fines cannot become a lien

This is one of the key differences between condominium associations (Chapter 718) and homeowners associations (Chapter 720). Under the Condominium Act, fines do not constitute a lien against the unit. The association cannot foreclose on a unit to collect unpaid fines. It must pursue other collection remedies, such as a civil action or suspension of use rights.

Suspension of use rights

If a unit owner fails to pay a fine after it has been approved by the committee, the association may suspend the owner's right to use common elements, common facilities, and any other association property. The suspension remains in effect until the fine is paid. The association may not, however, impair access to the unit itself.

When to talk to a Florida condominium attorney

This page summarizes the statutory framework. Consult a Florida-licensed condominium attorney if:

You received a fine notice and believe the violation is unfounded
The hearing committee was not properly constituted
The association is attempting to lien your unit for unpaid fines
You need guidance on enforcing or contesting a suspension of use rights

Source

F.S. 718.303 on flsenate.gov (governs fines, suspensions, and enforcement).