What are the limits on condo fines and suspensions in Florida?
A condominium association can fine an owner (or tenant/guest) for violating the declaration, bylaws, or reasonable rules, and can suspend certain use rights for violations or for money owed that is more than 90 days delinquent. But there are firm limits: a fine may not exceed $100 per violation (a continuing violation may be fined per day on a single notice), up to a $1,000 aggregate cap (Β§ 718.303(3)).
No board-levied fine or use-right suspension may be imposed unless the board first gives at least 14 days' written notice and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association β nor the spouse, parent, child, brother, or sister of one. The committee's role is limited to confirming or rejecting the fine or suspension by majority vote β it cannot set the amount. If the committee approves a fine, payment is due 5 days after notice of the approved fine is given to the owner (and any tenant, licensee, or invitee, if applicable).
Voting rights are different: they may be suspended only for a monetary obligation more than $1,000 and more than 90 days delinquent β never for rule violations β and that suspension has its own procedure (proof of the debt to the owner at least 30 days before it takes effect) rather than the 14-day notice-and-hearing track. The suspension ends on full payment.
Importantly, condominium fines cannot become a lien on the unit (this differs from HOAs, where fines of $1,000 or more can become a lien β see the HOA page).
What Β§ 718.303 says, section by section
| Subsection | Plain-English translation | Citation |
|---|---|---|
| (1) | Owners, tenants, and the association must comply with the chapter and governing documents; actions for damages or compliance may be brought, and the prevailing party gets reasonable attorney fees. A prevailing unit owner may also recover their share of assessments levied to fund the association's litigation expenses. | Β§ 718.303(1) |
| (3) | The association may levy reasonable fines for violations of the declaration, bylaws, or reasonable rules: β€ $100 per violation (a continuing violation may be fined per day, on a single notice and opportunity for hearing), β€ $1,000 in the aggregate β and a fine may not become a lien against a unit. | Β§ 718.303(3) |
| (3)(a) | The association may also suspend common-element use rights for violations β but the suspension may not reach limited common elements intended only for that unit, common elements needed to access the unit, utility services, parking spaces, or elevators. | Β§ 718.303(3)(a) |
| (3)(b) | No fine or use-right suspension may be imposed without β₯ 14 days' written notice and an opportunity for a hearing before a committee of at least 3 members appointed by the board who are not officers, directors, or employees of the association, nor the spouse, parent, child, brother, or sister of one. The committee only confirms or rejects (majority vote); if it does not approve by majority, the fine/suspension may not be imposed. An approved fine is due 5 days after notice of the approved fine is provided. | Β§ 718.303(3)(b) |
| (4) | Use rights may also be suspended (same carve-outs as (3)(a)) for any monetary obligation more than 90 days delinquent, until paid in full. | Β§ 718.303(4) |
| (5) | Voting rights may be suspended only for a monetary obligation more than $1,000 and more than 90 days delinquent; proof of the obligation must be provided to the owner β₯ 30 days before the suspension takes effect. The (3) notice-and-hearing requirements do not apply; the suspension ends on full payment, and the suspended voting interests are subtracted from the total for quorum and vote calculations. | Β§ 718.303(5) |
| (6) | A (4) or (5) suspension must be approved at a properly noticed board meeting, with notice to the owner (and, if applicable, occupant) by mail or hand delivery. | Β§ 718.303(6) |