Condominium associations in Florida can issue fines to unit owners who violate the agreed-upon rules. These fines can cover issues like noise complaints, parking violations or unauthorized renovations.
However, Florida law provides ways for owners to contest fines and protect their rights. Following this process can keep condo associations from abusing their authority.
The fine-collection process
Under Florida Statute 718.303, a condominium association must follow specific steps before collecting a fine. First, the association must give written notice of the violation. The notice must describe the offense and the proposed fine amount. The association must then give the owner at least 14 days to request a hearing before a committee of other unit owners who are not on the board.
The hearing gives the unit owner a chance to explain the situation and present evidence. The committee must approve the fine for it to take effect. If the committee does not agree with the fine, the association cannot collect it. This process helps ensure fairness and gives owners a clear path to contest fines.
How condo owners can protect their rights
Unit owners should carefully review the condominium’s governing documents. These include the declaration, bylaws and written regulations. If the association issues a fine for a rule that does not exist or acts outside its authority, the fine may not hold up during the hearing.
Owners also have the right to ask for proof that the alleged violation occurred. Photos, written complaints or inspection reports can help either side support their claims. If the association fails to present clear evidence, the committee may reject the fine.
If the hearing committee approves the fine and the owner disagrees with the outcome, the owner may explore further options such as mediation through the Florida Division of Condominiums. The state provides resources to help resolve disputes between associations and unit owners.
