Fining a unit owner is one of the most sensitive actions a condo board takes. The statute prescribes a specific due-process chain. Skipping any step exposes the board to legal challenge and makes the fine unenforceable.
The four-step process
Under F.S. 718.303, the association must follow this sequence:
Step 1: Written notice. The association must provide the unit owner with at least 14 days written notice of the alleged violation and the unit owner's right to a hearing.
Step 2: Independent committee hearing. The hearing must be conducted by a committee of at least 3 association members who are NOT officers, directors, or employees of the association (or their spouses, parents, children, or siblings). This independence requirement exists to prevent the board from being both prosecutor and judge.
Step 3: Committee vote. The committee must approve the fine by majority vote. If the committee does not approve the fine, the association cannot impose it. The board cannot override the committee.
Step 4: Notice of the fine. If the committee approves, the association notifies the unit owner of the fine amount and payment terms.
Fine limits
Fines may not exceed $100 per violation. For a continuing violation, each day the violation continues after the initial notice may constitute a separate violation, but the aggregate fine may not exceed $1,000.
Fines cannot become a lien
Unlike HOA fines under Chapter 720, condo fines under Chapter 718 may NOT become a lien against the unit. This is a significant difference. The association can pursue collection through small claims court but cannot use the lien-and-foreclosure process for fines.
Suspension of use rights
In addition to or instead of fines, the association may suspend a unit owner's right to use common elements, common facilities, or any other association property for a reasonable period. The same hearing procedure applies.
Keep a standing committee pool
The board should have a written fine schedule that lists the fine amount for each category of violation. The board should also have a standing pool of eligible committee members who can be convened for hearings. The 14-day notice and independent committee requirements are not optional.
The board should have a written fine schedule that lists the fine amount for each category of violation. The board should also have a standing pool of eligible committee members who can be convened for hearings. The 14-day notice and independent committee requirements are not optional.
This is a factual summary of the statute. Consult your association attorney for application to your specific governing documents and circumstances.