Florida HOA Compliance Guide: Violation Letters Under Chapter 720 & 718

Florida HOA law: A well-regulated environment

Florida is home to over 49,000 HOAs — more than any other state — governed primarily by the Florida Homeowners' Association Act (Chapter 720, Florida Statutes) for single-family and townhome communities and the Florida Condominium Act (Chapter 718) for condominiums. Both statutes have detailed enforcement requirements that boards must follow or risk having fines voided.

Key Florida requirements for violation notices

1. Written notice before fines (Florida Statute §720.305)

Before levying a fine, a Florida HOA must:

1. Provide written notice of the violation to the owner and, if applicable, the occupant
2. Give at least 14 days to cure the violation before a fine can be levied
3. Allow the owner to request a hearing before a fining committee (not the board itself)

Critical: Florida law requires a fining committee of at least three members (who are not board members) to approve any fine. The board cannot vote to levy its own fines — this is a common compliance error that voids enforcement.

2. The fining committee (§720.305(2))

Florida is unique in requiring a separate fining committee. Your violation notice process must include:

• Written notice to the owner specifying the fine and the date/time/location of the fining committee hearing
• At least 14 days notice before the hearing
• The owner's right to attend and be heard by the committee

If the fining committee rejects the fine, the board cannot override it. Boards that skip this step and levy fines themselves are acting outside the law.

3. Notice delivery

Florida statute does not require certified mail for first violation notices, but best practice and many governing documents do require it. For formal enforcement letters:

• First-class mail or email (if owner has consented) is typically sufficient for first notices
• Certified mail is strongly recommended for formal enforcement actions to establish proof of delivery
• Keep records of all delivery attempts

4. Fine amounts and cap (§720.305)

Florida law caps individual fines at $100 per violation per day, with a maximum of $1,000 per violation (unless the governing documents provide for higher amounts and the court has approved them). Your violation letter should reference these limits.

5. Condo-specific rules (Chapter 718)

For condominiums, Chapter 718 has additional requirements:

• Suspension of use rights requires prior written notice and the same fining committee process
• Mandatory mediation is required before most lawsuits involving $100,000 or less
• Access to common areas can be suspended for unpaid assessments or violations per §718.303

Writing a compliant Florida violation letter: Step by step

1. Cite the specific rule — Chapter 720/718 and the CC&R/bylaw section
2. Describe the violation factually — date, what was observed, specific location
3. Give 14+ days to cure — state the exact deadline
4. Mention the fining committee process — if fines are a possibility, explain the committee hearing step
5. Use certified mail for formal enforcement — though not always required, it protects the board
6. Offer a contact for questions and compliance confirmation

Florida-specific enforcement traps to avoid

Skipping the fining committee. This is the most common—and most costly—Florida HOA enforcement error. Courts have voided years of accumulated fines because the board levied them directly without a committee.

Exceeding the fine cap. Even if your CC&Rs say you can charge more, Florida's statutory cap applies unless specifically overridden by a court order.

Inconsistent enforcement. Florida courts have upheld selective enforcement defenses. Keep detailed records of every violation notice sent and every instance of compliance or non-compliance.

Pre-send checklist for Florida boards

• [ ] Does the letter cite the specific Florida statute section and CC&R provision?
• [ ] Is the cure period at least 14 days from the date of the letter?
• [ ] If this letter will lead to fines, does it reference the fining committee process?
• [ ] Have you sent this to both the owner of record and any occupant if different?
• [ ] Is delivery via certified mail (strongly recommended)?
• [ ] Have you documented this violation in your enforcement log?

Using HOA Letter AI for Florida compliance

Selecting Florida in HOA Letter AI activates Florida-specific guardrails: the 14-day minimum cure period, the fining committee reference language, and the $100/day fine cap. For condominium boards, the tool includes Chapter 718 condo-specific language when the community type is set to condominium.