Florida Chapter 720 · HB 1203 (2024)
Florida HOA Statute Lookup — every section that wins a fine dispute.
Eight Florida statute sections, plain-English, with the exact citation language to use in a dispute letter. No checklist. No oversimplification. Built from the statute text as amended by House Bill 1203 (effective July 1, 2024).
Use this page as a reference while you walk through the free Florida HOA Fine Check tool. The tool runs the six bright-line tests below against your specific facts in 30 seconds.
Fla. Stat. §720.305(2)(a)· Amended by HB 1203 (2024)
Fine caps — $100 per violation, $1,000 aggregate
Individual HOA fines are capped at $100 per violation. Cumulative fines for a single non-continuing course of conduct are capped at $1,000. Higher fines require the recorded Declaration of Covenants to explicitly authorize them — boilerplate 'fines as the board may determine' language does not satisfy the statute after the 2024 amendments.
Why this matters in a dispute
This is the single most common defect in Florida HOA fines. Boards routinely impose $250, $500, $1,000+ fines under pre-2024 covenant language that no longer counts. If your fine is over $100 and the covenants don't list a specific higher number, the fine is unenforceable on its face.
Example
HOA fines you $500 for a parking violation. Recorded covenants only say 'fines as determined by the Board.' Under HB 1203, the maximum lawful fine is $100. The $400 difference is per se unenforceable.
Fla. Stat. §720.305(2)(b)
Notice, cure window, and hearing requirements
Before any HOA fine becomes enforceable, the Association must (1) give written notice of the alleged violation, (2) provide a reasonable opportunity to cure, and (3) offer a hearing before a committee of three owners who are not board members and not related to any board member. Skip any step and the fine is procedurally defective.
Why this matters in a dispute
The 3-owner hearing committee is where boards trip up most. 'Hearing before the board' doesn't satisfy the statute. 'Hearing before two owners and the treasurer' doesn't satisfy the statute. The committee members must be independent of the board, or the hearing is void.
Example
HOA mails violation notice giving 48 hours to repaint your house. Florida courts have consistently held disproportionate cure windows unreasonable. The fine fails the cure-window requirement and is unenforceable regardless of the alleged violation.
Fla. Stat. §720.305(5)· Added by HB 1203 (effective July 1, 2024)
Specific covenant citation in violation notice
The violation notice itself must identify the specific section of the governing documents alleged to have been violated. Vague terms like 'nuisance,' 'unsightly,' 'rule violation,' or general references to 'community standards' without a specific covenant citation are no longer sufficient.
Why this matters in a dispute
This is HB 1203's headline addition. Most boards still use pre-2024 violation-notice templates that don't cite a specific section. Pull your notice — if there's no 'Article X, Section Y' citation, the notice is facially defective and the fine cannot stand.
Example
Notice reads: 'You are in violation of community standards regarding lawn maintenance.' No covenant section cited. Under §720.305(5), this notice cannot support a fine. The HOA must reissue a compliant notice and restart the procedural clock.
Fla. Stat. §720.303(5)
Right to inspect HOA records (10 business days)
Members of a Florida HOA have a statutory right to inspect official records of the Association within 10 business days of a written request. 'Official records' includes the governing documents, prior violation notices for all owners (the source of selective-enforcement evidence), fining committee minutes, and the recorded fining schedule.
Why this matters in a dispute
A §720.303(5) records request is the single most powerful pre-litigation tool. Send one before you do anything else. Most boards either fail to respond, respond late, or produce incomplete records — each of which is an independent statutory violation that strengthens the dispute.
Example
You request the prior 24 months of violation notices for the same conduct. HOA produces nothing (or only your own notices). That's selective-enforcement evidence on a silver platter — the HOA cannot prove they enforced the same rule against anyone else.
Fla. Stat. §720.311
Pre-suit mediation — the leverage point
Before the Association can sue you to collect a fine, record a lien, or suspend your common-area use rights, it must participate in pre-suit mediation if the homeowner demands it. Mediation is conducted by a Florida Supreme Court certified mediator and costs the HOA $1,500–$3,000 for a half-day session.
Why this matters in a dispute
This is the single biggest leverage point in Chapter 720. Defending a $100 fine in mediation costs the board 15–30x what the fine is worth. Boards almost always quietly drop the fine rather than mediate. Invoke §720.311 by name in every dispute letter.
Example
Dispute letter cites §720.311 and reserves mediation rights. HOA does the math: pursue the $100 fine and spend $2,000 in mediation, or drop it. They drop it. This is why the AppealHOA paid letter always invokes mediation.
Fla. Stat. §720.3035· Amended by HB 1203 (2024)
Architectural controls must be in the recorded Declaration
Restrictions on architectural changes (paint colors, fences, sheds, landscaping) must be in the recorded Declaration of Covenants — not in a board-adopted design manual, ARC guidelines, or other unrecorded documents. Subjective standards like 'not harmonious' or 'doesn't match community character' without objective recorded criteria are no longer enforceable.
Why this matters in a dispute
Most ARC fines in Florida are built on unrecorded 'design guidelines' that the statute no longer supports. Pull your recorded Declaration from the county clerk's website (free for most FL counties). If the rule the ARC cited only appears in a board-adopted manual, the fine is unenforceable.
Example
ARC fines you $100 for installing a fence that's 'inconsistent with neighborhood character.' Recorded Declaration says nothing about fence styles. The fine fails §720.3035 because the restriction isn't in the recorded covenants.
Fla. Stat. §720.3085(3)
HOA cannot lien for unpaid fines (only for assessments)
An HOA can record a lien for unpaid regular or special assessments. It cannot record a lien for unpaid fines specifically. Late fees on assessments are capped at $25 or 5% of the amount due (whichever is greater), and interest is capped at 18% per annum unless the Declaration specifies a lower rate.
Why this matters in a dispute
Boards routinely threaten 'we'll lien your house if you don't pay this fine.' Under §720.3085(3) they cannot lien for the fine itself. If they do, you have a slander-of-title claim and can force the lien's release. Don't be intimidated.
Example
HOA threatens to lien for $400 in unpaid fines. You write back citing §720.3085(3) and demanding the threat be withdrawn in writing. The board's lawyer will explain to them why the threat is unlawful. The threat is withdrawn.
Fla. Stat. §720.3045 + §163.04· Expanded by HB 1203 (2024)
Florida-friendly landscaping and solar protection
§720.3045 protects Florida-friendly landscaping (native species, drought-tolerant plants, turfgrass removal for water conservation) from HOA prohibition. §163.04 limits HOA authority over solar collectors — the HOA can regulate location but cannot prohibit installation or impose restrictions that significantly increase cost or decrease efficiency.
Why this matters in a dispute
These are state-statutory defenses the HOA cannot override through its covenants. If your fine was for native landscaping, removing turfgrass for drought tolerance, or installing rooftop solar, you have an absolute defense at the state-statute level.
Example
HOA fines you $200 for replacing your lawn with native Florida wildflowers. §720.3045 protects this conduct. The fine is unenforceable on a statutory-preemption ground that no HOA covenant can override.
Run the statutes against your fine
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