Florida Democrats Want to Lower HOA Fines and Penalties by 50%

Under state law, an HOA is allowed to charge fines of up to $1,000 per violation against a member of the residential community. These bills aim to cut that in half.

As the cost of housing in Florida continues to rise unabated, and many residents are forced by economy to move out of their homes, or in many cases leave the state, two Florida Democrats have filed bills to prohibit fines imposed by homeowners’ associations from exceeding $500 total, which is a half of the current $1,000 limit.

A homeowners’ community association (HOA) has the right to levy fines against a member who commits a violation of the governing agreement. For instance, a failure to comply with aesthetic regulations or failure to pay for agreed-upon services.

“Homeowners’ associations currently have the ability to fine residents up to $1,000 per infraction,” said Rep. Kristen Arrington (Kissimmee), who filed HB 545.

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In fact, under state law, an HOA is allowed to charge fines of up to $100 per violation against a member of the community (including a member’s tenant, guest, or invitee) for the violation of provisions in the association bylaws or regulations in the governing documents. However, fines may continue to be levied for each day that the violation continues, as long as the total assessed for the violation doesn’t exceed $1,000.

This, Rep. Arrington and Sen. Victor Torres (Orlando) agree, is excessive. Their bills were filed in response to complaints that certain homeowner’s associations, particularly those where developers retain control of HOA boards, can abuse fines and liens and cause economic hardships for homeowners.

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“Many of our older homeowners are on fixed incomes and are not able to pay these large fines. This legislation would cut those fines in half, providing much need relief for homeowners,” said Arrington.

For this reason, the Kissimmee Democrat filed HB 545, which aims to prohibit fines imposed by homeowners’ associations to exceed $500 in aggregate. The companion legislation, SB 872, was filed by Torres.

“Every Legislative Session I file bills relating to Homeowner Association reforms that helps protect residents from over-zealous HOA fines and penalties,” Torres said. “I am honored to work with Representative Arrington this year on reducing fine amounts.”