Dear Juris Doctor;

I was told that the development I live in has no way to enforce their rules.  To levy a fine on a homeowner was never in our original documents.  Other than a 75% vote of approval of some type of “fining committee,” is there a way the Board of Directors can impose fines so homeowners will take care of/fix their properties that are out of compliance?

Thank you, Norman

Dear Norman;

Homeowners’ Associations are governed by Chapter 720 of Florida Statutes and Condominium Associations are governed by Chapter 718.  The Declaration of Covenants, Bylaws, Articles of Incorporation and Rules & Regulations are the documents which govern Homeowners’  Associations and the homeowners – along with any amendments to those documents.  Florida Statutes Section 720.305 provides for the levying of fines against homeowners, tenants, guests or invitees.   A fine may not be imposed without at least 14 days’ notice to the person sought to be fined and an opportunity for a hearing before a committee of at least 3 members appointed by the board who are not officers, directors or employees of the Association. The section of the Statute provides further details regarding the fines and procedures.  The Statutes must be viewed in conjunction with the Association documents. There are attorneys who specialize in Community Association law and I recommend you consult with an attorney to review your specific Homeowners’ Association and the issue of fines.

Sincerely, J.D.

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