Florida HOAs frequently issue fines that exceed what Chapter 720 actually allows. When that happens, the excess is unenforceable as a matter of law, regardless of what the declaration says.
This guide walks through how the cap works and how to push back.
The structure of the statutory cap
§720.305 imposes two distinct caps that work together:
- $100 per violation maximum — the absolute ceiling for a single one-time fine, unless the governing documents specifically authorize a higher amount
- $1,000 aggregate cap for continuing violations — for a violation occurring over multiple days, the total amount collected cannot exceed $1,000, regardless of how long the daily counter has been running, unless the governing documents specifically authorize otherwise
Two other rules from the same section matter just as much:
- A fine of less than $1,000 cannot become a lien against a parcel. Most Florida HOAs never tell homeowners this. A running $400 fine cannot be recorded against your home as a lien — period.
- HB 1203 (effective July 1, 2024) added new prohibited categories under §720.305(7): fines for garbage receptacles at the curb within 24 hours of pickup, and fines for holiday decorations unless they remain up more than 1 week after written notice.
The structural rule that ties it all together: the caps in the statute control, regardless of what the declaration says.
Common cap violations
The four most common scenarios we see:
- A continuing-violation fine has run past the $1,000 aggregate cap. A $100/day fine for a fence violation that has accumulated over even 10 days is at the cap, and anything beyond is unenforceable. A six-month running total is many multiples of the legal ceiling.
- A one-time violation has been written up as multiple violations. A single missed mailbox repaint becomes "violation 1: paint condition," "violation 2: aesthetic standards," "violation 3: failure to maintain" — three fines for the same conduct, none individually exceeding the cap but together far above it.
- The HOA is adding "compliance fees" or "administrative charges" on top of the statutory fine. These charges are not authorized by §720.305 and cannot be tacked on to circumvent the cap.
- The fine is denominated as an "assessment" to escape the cap entirely. Calling a fine an "assessment" does not change its legal nature. If the charge is imposed for a rule violation, it is a fine, and the cap applies.
How to verify your fine is over the cap
Use a records request to pull the supporting documents:
- The notice of fine showing the amount or the daily rate
- The board minutes authorizing the fine
- Any subsequent notices increasing the fine or the rate
- The current version of the declaration and architectural guidelines
- The fining-committee minutes approving the fine
Compare the total demanded to the statutory cap for the type of violation. If the total exceeds the cap, the excess is reducible to the cap.
What to do
- Calculate the cap. Identify whether the violation is a one-time or continuing violation. Look up the current per-occurrence cap, per-day cap, and aggregate cap in §720.305.
- Calculate the gap. What is the HOA demanding versus what the cap allows?
- Send a response letter citing §720.305 and demanding that the fine be reduced to the statutory cap. Make the math explicit so the HOA's attorney cannot dispute the number.
- Include a records demand for the underlying authorization documents under §720.303(5)(a), in case the HOA wants to argue the violation was actually multiple violations.
What if a lien has already been recorded?
A lien recorded for the excess amount is voidable to the extent it exceeds the statutory cap. The remedy depends on how far the HOA has taken the collection:
- Lien recorded but not collected — demand release of the lien to the extent it exceeds the cap, and demand a recorded partial release.
- Foreclosure threatened — engage Florida HOA litigation counsel. The cap argument is preserved even into foreclosure.
Either way, the response letter is the right first move. Most HOAs will reduce rather than litigate a cap dispute, because the math is unambiguous and the statute is clear.
The wizard builds the demand letter with the exact cap math and the §720.305 citations your dispute needs. Print, sign, mail.