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, Section 720.305(2) of the Florida Statutes (2014) provides that an association may levy reasonable fines or suspend certain common area use rights against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association.

The same basic law, though under a different statute number, applies to condominiums. The law used to require that such authority be contained in the governing documents, but no longer does.

Under the statute, prior to a fine being levied or a suspension imposed, a notice of the violation must be provided and there must be an opportunity for a hearing. The statutes also contain limitations on the amount of fines and various details regarding the notices and composition of the committee that conducts hearings.

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May 18, 2015 by Joe Adams, Becker & Poliakoff. Mr. Adams joined Becker & Poliakoff, P.A. in 1987. He concentrates his legal practice on the law of community associations, primarily representing condominium, cooperative and homeowners' associations, as well as country clubs, mobile home communities and amenities associations such as marinas and golf courses. He has been very active in community association legislation and rule making, and has drafted several pieces of legislation affecting community associations that have been adopted by the Florida Legislature.