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Hoa Fine Rejected By Separate Committee, Can The Board Of Directors Overturn This?

On Behalf of | Oct 2, 2018 | Condo / HOA, Firm News |


I know that homeowners associations in Florida have the right to fine owners up to $100 for violations of the community rules. I am also aware that a fine must be reviewed and upheld by a separate committee before the association can collect the fine. If a fine is upheld or rejected by this separate fining committee, can the Board of Directors overturn this? If the fine is upheld by the fine hearing committee, can the violator then appeal to the board and have it overturned?

You are correct that a homeowners association can impose fines of $100 for rules violations, which can accrue daily for continuing violations up to $1,000. Fines can only exceed $1,000 in the aggregate if authorized by the community documents. Further, as you point out, the fines can only be collected from the homeowner after 14 days’ written notice and an opportunity for a hearing before a committee that cannot involve any board members or persons related to board members. The Board cannot overturn a fine that is waived or rejected by this committee. If a violator appeals to the Board after a fine is upheld by the committee, the Board could have the discretion to ultimately waive or cancel the fine, but this is not recommended. If a Board started entertaining these requests or appeals after the committee reviews and upholds a fine at a proper hearing, it could result in a messy and ineffective process.