Florida HOA Fine Hearing Notice
Fill in the highlighted fields to create a Florida HOA notice that tells an owner about a proposed fine or suspension and the hearing before the committee, with the 14 days' written notice section 720.305 requires. Click any field to type your details, then copy the letter or download it as a Word file. There is no sign-up and no charge.
[Date]
[Owner Name]
[Owner Designated Mailing or Email Address]
Re: Notice of right to a hearing before a proposed [Fine or Suspension], [Parcel Address]
Dear [Owner Name],
The board of [Name of Association] proposes to [Proposed Action, for example "levy a fine of $100" or "suspend your use of the clubhouse for 30 days"] for the following alleged violation: [Description of Alleged Violation, citing the provision of the governing documents].
To cure the violation, you must [Specific Cure Action], by [Cure Date].
You have the right to a hearing before a committee of at least three members appointed by the board, who are not officers, directors or employees of the association or relatives of any of them. The hearing will be held on [Hearing Date] at [Hearing Time] at [Hearing Location, or telephone or electronic access information]. You may attend by telephone or other electronic means.
If the committee does not approve the proposed fine or suspension by majority vote, it will not be imposed. If you cure the violation before the hearing or as described above, no fine or suspension will be imposed.
Sincerely,
[Sender Name]
[Sender Title]
[Name of Association]
What this letter does
A Florida HOA fine hearing notice tells an owner that the board proposes a fine or suspension and gives the owner the hearing Florida law requires. Section 720.305(2) does not let a board impose a fine or suspension (other than for a long delinquency) until it follows this process.
Key rules in section 720.305
- 14 days' written notice. A fine or suspension may not be imposed unless the board first gives at least 14 days' written notice of the owner's right to a hearing, sent to the owner's designated mailing or email address in the association's official records, and, if applicable, to any occupant, licensee or invitee sought to be fined or suspended.
- Committee hearing within 90 days. The hearing must be held within 90 days after the notice is issued, before a committee of at least three members appointed by the board who are not officers, directors or employees, or the spouse, parent, child, brother or sister of an officer, director or employee. The committee may hold the hearing by telephone or other electronic means.
- What the notice must say. A description of the alleged violation, the specific action required to cure it, if applicable, and the hearing date, location and access information.
- The committee decides. If the committee, by majority vote, does not approve the proposed fine or suspension, it may not be imposed. The committee's role is limited to confirming or rejecting the board's proposal.
- Written findings in 7 days. Within 7 days after the hearing, the committee provides written notice of its findings, including any approved fines or suspensions, how to cure the violation, or the date by which a fine must be paid.
- Cure. If a violation is cured before the hearing or in the manner specified in the notice, no fine or suspension may be imposed.
- Payment date. If a fine is approved, the committee sets a date by which it must be paid, at least 30 days after delivery of the written notice of findings. Attorney fees and costs cannot be awarded against the owner based on board actions before the payment date, and may begin to accrue only after that date and after the time for an appeal has expired.
Fine limits
- Amount. A fine may not exceed $100 per violation unless the governing documents provide otherwise.
- Continuing violations. A fine may be levied for each day of a continuing violation with a single notice and opportunity for hearing, but may not exceed $1,000 in the aggregate unless the governing documents provide otherwise.
- Liens. A fine of less than $1,000 may not become a lien against a parcel.
- Suspensions. An association may suspend use of common areas and facilities for a reasonable period, but a suspension cannot prohibit vehicular and pedestrian access to the parcel, including the right to park.
- No fines for certain items. An association may not fine or suspend for leaving garbage receptacles at the curb within 24 hours before or after the collection day, or for holiday decorations left up longer than the governing documents allow unless they remain more than one week after written notice.
- Delinquent payments. Suspensions for amounts more than 90 days delinquent have separate rules under subsections (3) to (5) and do not require the hearing process.
Related letters
Use the HOA violation letter to begin the process, the warning letter as a follow-up, the HOA hearing letter as a general hearing notice, and the fine letter after the committee approves a fine.
Statutes change, so confirm the current text of section 720.305 on the Florida Legislature's website.
Common questions
Who decides whether a Florida HOA can fine an owner?
A committee of at least three members who are not officers, directors or employees. The board proposes, and the committee confirms or rejects.
How much notice does the owner get?
At least 14 days' written notice of the right to a hearing, with the hearing held within 90 days.
This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.