Got a letter from your HOA? We’ll help you respond.

Dear Members of the Board:

I write in response to the Notice of Continuing Violation dated May 12, 2026, in which the Association asserts that I owe $4,500 in accumulated fines and threatens to record a lien against my property. After review, the asserted fines are not enforceable as imposed, and I demand they be rescinded in full.

Under Fla. Stat. §720.305(2)(b), a homeowner must receive at least fourteen (14) days’ written notice of the right to a hearing before a committee of at least three members appointed by the board, none of whom is an officer, director, or employee of the Association, or the spouse, parent, child, brother, or sister of any such person. Under §720.305(2)(c), the committee’s role is limited to confirming or rejecting the proposed fine by majority vote — if it does not approve, the fine may not be imposed. Neither my records nor your own reflect any such notice, hearing, or qualifying committee. On its face, the procedural prerequisites for a valid fine have not been satisfied.

Separately, §720.305(2) caps fines at $100 per violation and $1,000 in aggregate for any continuing violation absent express authority in the governing documents to exceed that cap. The asserted $4,500 figure exceeds the statutory aggregate fourfold and, in the absence of cited authority in the Declaration to do so, is facially invalid. The same subsection also provides that a fine of less than $1,000 may not become a lien against the parcel — the threatened lien is therefore foreclosed as to any qualifying fine.

Accordingly, I demand the following:

1. Written rescission of the May 12, 2026 Notice and all associated fines, within thirty (30) days.
2. Pursuant to §720.303(5), production of the Association’s official records relating to this matter — including the composition of any fining committee, minutes of the meeting at which the fines were approved, and prior enforcement history for comparable violations — within ten (10) business days.
3. Pursuant to Fla. Stat. §720.303(14) (added by HB 1203 (2024)), a detailed accounting of the alleged fines and the basis on which they were calculated, within fifteen (15) business days. Failure to respond constitutes a complete waiver of any qualifying fines under that section.

I reserve all rights under Chapter 720 and the applicable Declaration, including the right to invoke pre-suit mediation under §720.311(2)(b) — failure to participate in mediation forfeits the Association’s right to recover its own attorney’s fees in any subsequent litigation. Should this dispute proceed to litigation and result in a judgment, the prevailing party is entitled to attorney’s fees and costs under §720.305(1). I look forward to your written response.