New Fining Process for HOAs Under Chapter 720

In the rapidly changing landscape of condominium and homeowner association living lately, we have seen numerous modifications to the Florida Statutes governing condominiums (Section 718 Florida Statutes) and homeowners associations (“HOAs”) (Section 720 Florida Statutes) that became law as of July 1, 2024. Florida House Bill 1203 contained multiple amendments to existing sections of Section 720 that have significantly updated rules related to how HOAs maintain their records, as well as the frequency and procedures for conducting meetings, director education, and the manner in which HOAs fine or suspend the use rights of their members.

HB 1203 modified Section 720.305 Florida Statutes, which governs obligations of members, remedies at law or in equity, and the levying of fines and suspension of use rights. Specifically in regard to fining and suspension of use rights procedures, HB 1203 requires:

“specifying the manner in which fines, suspensions, attorney fees, and costs are

determined; requiring that certain notices be provided to parcel owners and, if

applicable, an occupant, a licensee, or an invitee of the parcel owner; requiring

that certain hearings be held within a specified timeframe and authorizing such

hearings to be held by telephone or other electronic means; prohibiting a fine or

suspension from being imposed if a violation has been cured before the hearing;

requiring the committee to set a hearing no later than a specified timeframe if a

violation is not cured; prohibiting attorney fees and costs from being awarded

against a parcel owner based on certain actions by the board before the date the

fine is to be paid; prohibiting an association from levying a fine or imposing a

suspension for certain actions”

Some of the specific changes to 720.305, include the requirement that before a fine or suspension levied by an HOAs board of administration may be imposed, a fourteen (14) day written notice of the parcel owner’s right to a hearing (to the parcel owner at his or her designated mailing or e-mail address in the association’s official records and, if applicable, to any occupant, licensee, or invitee of the parcel owner, sought to be fined or suspended). In addition, such hearing “must be held within ninety (90) days after issuance of the notice,” before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. Another new provision allows that the committee may hold the hearing by telephone or other electronic means. The notice sent must, 1) Include a description of the alleged violation (if applicable); 2) the hearing date; 3) location; and, 4) access information if held by telephone or other electronic means.

Following the hearing, within seven (7) days, the committee must provide written notice to the parcel owner (at his or her designated mailing or e-mail address in the association’s official records and, if applicable, any occupant, licensee, or invitee of the parcel owner) of its determination, including any applicable fines or suspensions, and how the violation may be cured, if applicable, or fulfill a suspension, or the date by which a fine must be paid. One of the most important additions is that, if a violation has been cured before the hearing or in the manner specified in the required written notice, a fine or suspension may not be imposed. If the cited violation is not cured and the Board’s proposed fine or suspension is approved by a majority vote of the committee, they must set a date by which the fine must be paid, which date must be at least thirty (30) days after delivery of the required written notice. If the violation is not cured or the fine is not paid by the date imposed, reasonable attorney fees and costs may be awarded to the association, BUT those attorney fees and costs may not be awarded against the parcel owner based on actions taken by the Board before the date set for the fine to be paid, and those attorney fees and costs may not begin to accrue until after the date noticed for payment, and the time for an appeal has expired.

Finally, it is important to take note of a couple of very specific restrictions that have been added to an HOAs fining authority under Section 720.305. Notwithstanding any provision to the contrary in an association’s governing documents, an association may not levy a fine or impose a suspension for, 1) the leaving of garbage receptacles out at the curb or end of a driveway within 24 hours before or after the designated garbage collection day or time; or, 2) for the leaving of holiday decorations or lights on a structure or other improvement longer than allowed in the governing documents unless such decorations or lights are left up for over a week past the association’s indicated deadline for such removal, as provided in a written notice of the violation to the owner.

At Haber Law, we have experience navigating the ins-and-outs of new legislation and the challenges that can come with compliance. If you have further questions about HB 1203 and how it applies to you and your association, please reach out to our office for a consultation. In addition, we encourage you to review our other blog posts recapping additional bills that were passed this legislative session. For more information about our condominium and homeowners association law practice, please contact us online at WWW.HABER.LAW or call 305.379.2400.

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