Fine for Violations of Declaration of Condominium or Deed Restrictions

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Your condominium or homeowner’s association is empowered by the Condominium Act and the Homeowners Association Act respectively to levy fines against owners for the owner or occupant’s failure to comply with the Declaration of Condominium, Deed Restrictions, By-laws, or reasonable rules and regulations of the Association.

A fine may not exceed $100.00 for a single violation. A fine also may not exceed $100.00 per day for an ongoing violation, and may not to exceed $1000.00 total. The HOA Act provides an exception to this where a single ongoing fine may exceed $1000.00 if so provided in the Deed Restrictions.

No fine may be imposed until the owner is given fourteen (14) days notice and the opportunity for a hearing. The purpose for the hearing is to provide the unit owner an opportunity to provide their side of story before the fine is imposed.

The board may continue to fine for single violation past the initial $1000.00 dictated by statute if an additional hearing is provided for every additional fine proposed. For example, if the board has imposed a $1000.00 fine for an ongoing violation following a properly noticed hearing, and the violation–in the board’s opinion–has not been corrected, an additional fine may be imposed following additional notice and hearing. This process can result in thousands of dollars in fines being imposed against unit owners.

A fine imposed by a Condominium Association MAY NOT become a lien against the unit. However, a fine imposed by an Homeowners Association may become a lien if the total fine exceeds $1000.00.

Francis M. King, Esq.

www.bkhlawfl.com / www.francismking.com / #bkhlaw

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