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Some of the most substantial changes to Florida’s community association laws that were ratified during this year’s legislative session and are now in effect establish new restrictions and caps on homeowners’ association fines and suspensions.
Changes to HOA Fines & Suspensions
As of July 1, homeowners’ associations may no longer levy fines or impose suspensions against owners for leaving garbage receptacles out by the street within 24 hours before or after the designated collection day or time. HOAs will also need to provide written notice to owners who leave their holiday decorations/lights up longer than allowed under the governing documents, after which the owners will have one week to take them down prior to the imposition of any fines.
Homeowners’ associations can still levy “reasonable” fines for violations of their rules and restrictions. Such fines cannot exceed $100 per violation against any owner/member, tenant, guest, or invitee unless otherwise provided in an association’s governing documents.
Lawmakers also left in place the provisions under the Homeowners’ Association Act that cap any fine at $1,000 in the aggregate unless otherwise provided in an association’s governing documents, and also barring any fine for less than $1,000 from becoming a lien against a parcel.
HOA Fines & Suspensions Process
For all fines or suspensions, associations are first required to provide written notice at least 14 days in advance of the owner’s right to a hearing, and if applicable such notice must also be sent to any corresponding occupant or invitee. The notice must now include a description of the alleged violation; the specific action required to cure the violation, if applicable; and the hearing date, location and access information if it is to take place via telephone or online, which is now allowed under the 2024 amendments.
The subsequent hearing, which must still be before a committee of at least three members appointed by the board but completely independent from the directors or employees of the association, must be held within 90 days of the notice. After the hearing is over, the committee has seven days to provide written notice of its findings, including any fine or suspension. This notice must detail how the violation may be cured or the date by which the fine must be paid.
For violations that are rectified prior to the hearing or in the manner specified in the written notice of the hearing itself, fines or suspensions may no longer be imposed. If a violation is not cured by the hearing date, the committee must set a date by which the fine must be paid that is at least 30 days after the notice following the hearing. Attorney fees and costs may not be charged against owners based on any action taken by the board before this due date. However, if a violation and the proposed fine or suspension is approved by the committee and the violation is not cured and the fine is not paid, then reasonable attorney’s fees and costs may be awarded to the association.
Conclusion
Given all the changes that have been implemented and are now in effect, HOAs would be well advised to consult with highly qualified and experienced community association legal counsel regarding any modifications that may be necessary to their enforcement measures involving fines and suspensions.
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