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Can Your HOA Fine You Without a Hearing?

Symbolic illustration of the NSG presenter holding a gavel in a courtroom-style setting.

A Florida Chapter 720 HOA cannot impose an ordinary violation fine by simply skipping the required notice and committee-hearing process. But choosing not to participate after receiving proper notice is different from the association never providing the required process.

If a charge appears on your account without explanation, ask what kind of charge it is, what violation is alleged, and which notices and decisions support it.

The current HOA fine process

Section 720.305(2) separates the board’s proposed fine from the committee’s review. Before imposition, the board must provide at least 14 days’ written notice of the owner’s right to a hearing, with notice to other affected people when applicable.

The hearing must be held within 90 days after issuance of the notice. The committee must include at least three members who are not association officers, directors, or employees, or their specified close relatives.

The notice must describe the alleged violation, identify the action required to cure it when applicable, and provide the hearing date, location, and electronic access information if used. The owner has a right to attend by telephone or other electronic means.

The committee’s job is to confirm or reject the proposed fine or suspension. Without majority approval, the proposed penalty cannot be imposed. Written findings must be provided within seven days after the hearing.

Curing the violation can prevent the fine

The statute says a fine or suspension may not be imposed if the violation is cured before the hearing or in the manner specified in the relevant written notice. Preserve dated photographs, receipts, and correspondence establishing what was corrected and when.

For an approved fine involving an uncured violation, the committee must set a payment date at least 30 days after delivery of the written findings notice. The statute also limits when attorney fees and costs can be awarded or begin accruing.

These protections do not make every allegation automatically curable. A completed incident and an ongoing property condition may require different analysis. Respond to the actual notice rather than assuming a universal deadline or defense.

Not every account charge is a violation fine

Unpaid assessments, authorized late charges, and collection expenses raise different questions. Suspensions based on monetary obligations more than 90 days delinquent follow a separate process under section 720.305(3)–(5), without the ordinary violation-hearing requirement. They still require a properly noticed board meeting and written notice.

Condominiums also use different provisions. Section 718.303 has its own fine procedure and payment timing. Do not apply a Chapter 718 deadline to a Chapter 720 notice just because both communities have boards.

Build a short paper trail

  1. Request the rule, original notice, hearing information, committee findings, and account entry.
  2. Confirm the association has your correct designated mailing and email addresses.
  3. Attend the hearing and bring a concise factual response.
  4. Document any cure and retain proof that you provided it.
  5. Seek advice promptly if the association threatens a lien or collection litigation.

A procedural objection is stronger when tied to a missing step or specific date than to a general claim that the board was unfair.

Florida law checked October 22, 2026. This is educational information, not individual legal advice or a conclusion about the enforceability of a particular charge.

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