CS/HB 545 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to fines levied by homeowners' 2
associations; amending s. 720.305, F.S.; prohibiting 3
fines imposed by homeowners' associations from 4
exceeding $500 in the aggregate; requiring an 5
association to provide certain notice to a member at 6
his or her designated mailing address; providing an 7
exception; providing requirements for such notice; 8
prohibiting the imposition of a fine or suspension 9
under certain circumstances; providing an effective 10
date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Subsection (2) of section 720.305, Florida 15
Statutes, is amended to read: 16
720.305 Obligations of members; remedies at law or in 17
equity; levy of fines and suspension of use rights. — 18
(2) An association may levy reasonable fines. A fine may 19
not exceed $100 per violation against any member or any member's 20
tenant, guest, or invitee for the failure of the owner of the 21
parcel or its occupant, licensee, or invitee to comply with any 22
provision of the declaration, the association bylaws, or 23
reasonable rules of the association unless otherwise provided in 24
the governing documents. A fine may be levied by the board for 25
CS/HB 545 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
each day of a continuing violat ion, with a single notice and 26
opportunity for hearing, except that the fine may not exceed 27
$500 $1,000 in the aggregate unless otherwise provided in the 28
governing documents. The notice must be sent to a member's 29
designated mailing address, which is the mem ber's property 30
address, unless the member has sent written notice to the 31
association requesting that a different mailing address be used 32
for such notice. The notice must include a description of the 33
alleged violation and the specific actions required to cu re such 34
violation. If the member cures the alleged violation within 14 35
days after receiving notice from the association, a fine or 36
suspension may not be imposed for such violation. A fine of less 37
than $1,000 may not become a lien against a parcel. In any 38
action to recover a fine, the prevailing party is entitled to 39
reasonable attorney fees and costs from the nonprevailing party 40
as determined by the court. 41
(a) An association may suspend, for a reasonable period of 42
time, the right of a member, or a member's tenant, guest, or 43
invitee, to use common areas and facilities for the failure of 44
the owner of the parcel or its occupant, licensee, or invitee to 45
comply with any provision of the declaration, the association 46
bylaws, or reasonable rules of the association. This paragraph 47
does not apply to that portion of common areas used to provide 48
access or utility services to the parcel. A suspension may not 49
prohibit an owner or tenant of a parcel from having vehicular 50
CS/HB 545 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and pedestrian ingress to and egress from the parcel , including, 51
but not limited to, the right to park. 52
(b) A fine or suspension levied by the board of 53
administration may not be imposed unless the board first 54
provides at least 14 days' notice to the parcel owner and, if 55
applicable, any occupant, licensee, or invitee of the parcel 56
owner, sought to be fined or suspended and an opportunity for a 57
hearing before a committee of at least three members appointed 58
by the board who are not officers, directors, or employees of 59
the association, or the spouse, parent, c hild, brother, or 60
sister of an officer, director, or employee. If the committee, 61
by majority vote, does not approve a proposed fine or 62
suspension, the proposed fine or suspension may not be imposed. 63
The role of the committee is limited to determining wheth er to 64
confirm or reject the fine or suspension levied by the board. If 65
the proposed fine or suspension levied by the board is approved 66
by the committee, the fine payment is due 5 days after notice of 67
the approved fine is provided to the parcel owner and, i f 68
applicable, to any occupant, licensee, or invitee of the parcel 69
owner. The association must provide written notice of such fine 70
or suspension by mail or hand delivery to the parcel owner and, 71
if applicable, to any occupant, licensee, or invitee of the 72
parcel owner. 73
Section 2. This act shall take effect July 1, 2023. 74