How do I dispute an HOA assessment or fine in Florida?
Florida tightened HOA and condo regulation after the Surfside collapse (SB 4-D in 2022), and Chapter 720 was amended again in 2023 to clarify fining and election procedures.
1. Governing Statute
2. CC&Rs and Bylaws
Recorded Declaration of Covenants is the controlling document; bylaws govern board operation. Restrictions are equitable servitudes that run with the land and are enforceable absent ambiguity (Hidden Harbour Estates v. Basso, 393 So. 2d 637).
3. Common Disputes
Architectural changes, paint and roof color, fencing, landscape, parking, pets, rental restrictions (Ch. 720 allows reasonable rental rules but not retroactive bans on existing owners without consent under § 720.306(1)(h)), assessment increases, fines (capped at $100 per violation, $1,000 aggregate unless governing documents provide otherwise — § 720.305(2)).
4. Internal Dispute Resolution & Hearing
A fine or suspension does not become effective until the owner receives at least 14 days' written notice and an opportunity for hearing before a committee of at least three members appointed by the board, none of whom is an officer, director, or employee of the association or related thereto (§ 720.305(2)(b)). The committee must agree with the fine by majority vote.
5. Alternative Dispute Resolution
For HOAs, pre-suit mediation through the Department of Business and Professional Regulation (DBPR) is mandatory for covenant enforcement, election, and meeting-access disputes (§ 720.311). For condos, mandatory non-binding arbitration before DBPR (§ 718.1255) or mediation is required.
6. Lien & Foreclosure
HOAs may record a Claim of Lien after 45 days' written notice (§ 720.3085) and judicially foreclose like a mortgage. Condo associations enjoy a "super lien" — the first mortgagee acquiring title is liable for the lesser of 12 months of past-due assessments or 1% of original mortgage debt (§ 718.116(1)(b)). HOAs have a similar but narrower priority under § 720.3085(2)(c).
7. Open Meeting & Record Inspection
Meetings of the board and committees are open to members except for attorney-client privileged discussions (§ 720.303(2)). Owners may inspect records within 10 business days of written request; refusal entitles owner to actual damages or minimum $50/day up to 10 days (§ 720.303(5)).
8. Statutory Caps
Solar collectors (§ 163.04 — HOA cannot prohibit), clotheslines for solar drying, hurricane shutters and impact-resistant windows (§ 720.3035), flag display (§ 720.304(2)), and EV charging stations on owner's limited common element (§ 718.113 condos). Federal OTARD applies.
9. Lawsuit Remedies
Declaratory and injunctive relief in circuit court, breach of fiduciary duty against directors (§ 720.303(1)), and prevailing-party attorney's fees in covenant enforcement (§ 720.305(1)).
This is legal information, not legal advice.
- HOA recorded a Claim of Lien or filed a foreclosure complaint
- Board refused mediation under § 720.311 or you missed the response window
- Disputed fines combined with selective enforcement evidence
- Fla. Stat. Ch. 720 (HOA Act)
- Fla. Stat. Ch. 718 (Condominium Act)
- Fla. Stat. § 720.305 (fines & hearings)
- Fla. Stat. § 720.311 (pre-suit mediation)
- Fla. Stat. § 720.3085 (HOA lien & foreclosure)
- Fla. Stat. § 718.116 (condo super lien)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.