Florida Statute 720.305 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 720
HOMEOWNERS' ASSOCIATIONS

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F.S. 720.305

720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.—

(1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:

(a) The association;

(b) A member;

(d) Any tenants, guests, or invitees occupying a parcel or using the common areas.

The prevailing party in any such litigation is entitled to recover reasonable attorney fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy.

(2) An association may levy reasonable fines for violations of the declaration, association bylaws, or reasonable rules of the association. A fine may not exceed $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association unless otherwise provided in the governing documents. A fine may be levied by the board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to reasonable attorney fees and costs from the nonprevailing party as determined by the court.

(a) An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

(b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ written notice of the parcel owner’s right to a hearing to the parcel owner at his or her designated mailing or e-mail address in the association’s official records and, if applicable, to any occupant, licensee, or invitee of the parcel owner, sought to be fined or suspended. Such hearing must be held within 90 days after issuance of the notice before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. The committee may hold the hearing by telephone or other electronic means. The notice must include a description of the alleged violation; the specific action required to cure such violation, if applicable; and the hearing date, location, and access information if held by telephone or other electronic means. A parcel owner has the right to attend a hearing by telephone or other electronic means.

(c) If the committee, by majority vote, does not approve a proposed fine or suspension, the proposed fine or suspension may not be imposed. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board.

(d) Within 7 days after the hearing, the committee shall provide written notice to the parcel owner at his or her designated mailing or e-mail address in the association’s official records and, if applicable, any occupant, licensee, or invitee of the parcel owner, of the committee’s findings related to the violation, including any applicable fines or suspensions that the committee approved or rejected, and how the parcel owner or any occupant, licensee, or invitee of the parcel owner may cure the violation, if applicable, or fulfill a suspension, or the date by which a fine must be paid.

(e) If a violation has been cured before the hearing or in the manner specified in the written notice required in paragraph (b) or paragraph (d), a fine or suspension may not be imposed.

(f) If a violation is not cured and the proposed fine or suspension levied by the board is approved by the committee by a majority vote, the committee must set a date by which the fine must be paid, which date must be at least 30 days after delivery of the written notice required in paragraph (d). Attorney fees and costs may not be awarded against the parcel owner based on actions taken by the board before the date set for the fine to be paid.

(g) If a violation and the proposed fine or suspension levied by the board is approved by the committee and the violation is not cured or the fine is not paid per the written notice required in paragraph (d), reasonable attorney fees and costs may be awarded to the association. Attorney fees and costs may not begin to accrue until after the date noticed for payment under paragraph (d) and the time for an appeal has expired.

(3) If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection.

(4) An association may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or other monetary obligation due to the association that is more than 90 days delinquent. A voting interest or consent right allocated to a parcel or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the governing documents. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. The suspension ends upon full payment of all obligations currently due or overdue to the association.

(5) All suspensions imposed under subsection (3) or subsection (4) must be approved at a properly noticed board meeting. Upon approval, the board must send written notice to the parcel owner and, if applicable, the parcel’s occupant, licensee, or invitee by mail or hand delivery to the parcel owner’s designated mailing or e-mail address in the association’s official records.

(6) The suspensions permitted by paragraph (2)(a) and subsections (3) and (4) apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple parcels owned by a member.

(7) Notwithstanding any provision to the contrary in an association’s governing documents, an association may not levy a fine or impose a suspension for any of the following:

(a) Leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated garbage collection day or time.

(b) Leaving holiday decorations or lights on a structure or other improvement on a parcel longer than indicated in the governing documents, unless such decorations or lights are left up for longer than 1 week after the association provides written notice of the violation to the parcel owner.

History.—s. 37, ch. 92-49; s. 55, ch. 95-274; s. 2, ch. 97-311; s. 51, ch. 2000-258; s. 20, ch. 2004-345; s. 17, ch. 2004-353; s. 12, ch. 2007-173; s. 8, ch. 2008-202; s. 24, ch. 2010-174; s. 18, ch. 2011-196; s. 16, ch. 2013-188; s. 17, ch. 2015-97; s. 14, ch. 2018-96; s. 21, ch. 2021-99; s. 4, ch. 2023-228; s. 58, ch. 2024-2; s. 7, ch. 2024-221.

Note.—Former s. 617.305.

F.S. 720.305 on Google Scholar

F.S. 720.305 on Casetext

Amendments to 720.305

Arrestable Offenses / Crimes under Fla. Stat. 720.305

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 720.305.

Annotations, Discussions, Cases:

Cases Citing Statute 720.305

Total Results: 20

William Pecchia and Kathleen Porter v. Wayside Estates Homeowners Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-07T00:00:00-07:00

Snippet: 720.303(5) and attorney’s fees pursuant to section 720.305, Florida Statutes (2019). This issue proceeded…the required fourteen-day notice under section 720.305(b), substantial compliance was not authorized because

ELIZABETH PIRMAN v. SOUTH POINTE OF TAMPA H. O. A.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-15T00:00:00-07:00

Snippet: hearing prior to assessing these fines. See § 720.305(2)(b), Fla. Stat. (2021) ("A fine or suspension…Declaration and/or governing documents and section 720.305(b)(2)'s fourteen-day notice requirement or…contractual obligations to the homeowners. Section 720.305(1)(a) allows association members to sue an association…Fla. 5th DCA 2013) (acknowledging that section 720.305(1) expands a member's rights to sue an association

ZOKAITES PROPERTIES, LP v. TALAVERA ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-27T00:53:00-07:00

Snippet: an association should not bar access, section 720.305(2)(a), Florida Statutes (2021), provides that an

ISOLA BELLA HOMEOWNERS ASSOCIATION, INC. v. RONALD CLEMENT and MARTINE J. CLEMENT

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-27T00:53:00-07:00

Snippet: prevailing party attorney’s fees under section 720.305, Florida Statutes, and the fee provision in the

KATHLEEN MADILL v. RIVERCREST COMMUNITY ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-07T00:53:00-07:00

Snippet: governing documents of the Association and to section 720.305(1), Florida Statutes (2017), she was entitled as

VALENCIA GOLF AND COUNTRY CLUB HOMEOWNERS' ASSOCIATION, INC. v. COMMUNITY RESOURCE SERVICES, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-22T00:53:00-07:00

Snippet: , as to entitlement only, pursuant to sections 720.305 and 57.105, Florida Statutes (2015). Thereafter

Bruce McIntosh and Valli McIntosh v. James C. Myers and Gayle E. Myers

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-02T00:53:00-07:00

Snippet: covenants governing their homeowners’ association. § 720.305(1)(b), Fla. Stat. The statute does not set forth

Holiday Isle Improvement Association, Inc. v. Destin Parcel 160, LLC, a Florida Limited Liability Company

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-15T00:53:00-07:00

Snippet: properly based on section 720.305(1). We agree with the developer. Section 720.305(1) provides in pertinent… fees and costs to the developer under section 720.305(1), Florida Statutes (2013), and in this appeal…filed by the association did not refer to section 720.305, 1 The statute further provides that in …Accordingly, under the plain language of section 720.305(1), the developer was entitled to an award of its… 3 attorney’s fees and costs under section 720.305(1) is consistent with—and does not impair—the bargained-for

GONZALEZ v. COCONUT KEY HOMEOWNERS ASSOC., INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-09T00:53:00-07:00

Snippet: attorney’s fees and costs pursuant to section 720.305(1), Florida Statutes (2008). Following a hearing…718.303(1) (emphasis added). Similarly, section 720.305(1) authorizes courts to impose equitable remedies…In addition to the excerpt cited above, section 720.305(1) provides, “The prevailing party in any such

Dwork v. Executive Estates of Boynton Beach Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-24T00:00:00-07:00

Citation: 219 So. 3d 858

Snippet: Association , (“HOA”) was obligated under section 720.305(2)(b), Florida Statutes (2013), to provide him …with the fourteen-day notice provision of section 720.305(2)(b) or HOA’s declarations and bylaws, thereby…interpretation, we review the application of section 720.305 de novo. Miles v. Parrish, 199 So.3d 1046, 1047…HOA sent appellant the hearing notice, section 720.305(2)(b) provided that “[a] fine or suspension may…court properly denied relief. Pursuant to section 720.305(2)(b), HOA was required to provide appellant with

MacKenzie v. Centex Homes Ex Rel. Centex Real Estate Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-22T00:00:00-08:00

Citation: 208 So. 3d 790

Snippet: .2d 1098, 1101 (Fla. 2d DCA 1993)). Section 720.305, Florida Statutes (2015), provides any member of

Olson v. Pickett Downs Unit IV Homeowner's Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-02T00:00:00-08:00

Citation: 205 So. 3d 869

Snippet: permitted such an award and. pursuant to section 720.305(1), Florida Statutes (2011), which provides for…provision of the restrictive covenants and section 720.305(1), as well as the reciprocity provisions of section…pursuant to the restrictive covenants and section 720.305(1). However, the homeowner, Olson, prevailed on

Udick v. Harbor Hills Development, L.P.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-08T00:00:00-07:00

Citation: 200 So. 3d 193

Snippet: Appellees as the prevailing parties based on section 720.305(1), Florida Statutes (2013), and Article XI, Section

Hibbs Grove Plantation Homeowners Association, Inc. v. Avraham Aviv and Helen Aviv

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-11T00:00:00-07:00

Citation: 193 So. 3d 977

Snippet: prevailing party attorney’s fees pursuant to section 720.305, Florida Statutes. This appeal follows. We

Blinn v. West Shore Villas of Naples Owners' Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-11T00:00:00-08:00

Citation: 182 So. 3d 686

Snippet: Association requested fees pursuant to (1) section 720.305(1), Florida 1 Statutes (2013), which

Rosenberg v. Metrowest Master Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-05T00:00:00-07:00

Citation: 116 So. 3d 641

Snippet: within the meaning of sections 720.301(10) and 720.305(1), Florida Statutes (2009). We disagree and affirm…prevailing-party attorney’s fees pursuant to section 720.305(1), Florida Statutes. Rosenberg contested the Master…functions.” § 720.302(1), Fla. Stat. (2009). Section 720.305(1) provides a cause of action for a “member” of…he was liable for attorney’s fees under section 720.305(1), the trial court should have applied the definition…Association with standing to sue under section 720.305(1). See United Contractors, Inc. v. United Constr

Neuteleers v. Patio Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-08T00:00:00-07:00

Citation: 114 So. 3d 299

Snippet: declaration cited in the complaint. Moreover, section 720.305(l)(b), Florida Statutes, provides that “[ajctions

TAHITI BEACH HOMEOWNERS ASSOCIATION, INC. v. Pfeffer

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-05T00:00:00-08:00

Citation: 52 So. 3d 808

Snippet: did not *809 meet the requirements of section 720.305(2), Florida Statutes (2007), regulating the imposition…question in the affirmative. The caption to section 720.305 is "Obligations of members; remedies at law…otherwise. Here, the pertinent amendments to section 720.305 did not specify that they would only be applicable

Grand Oaks Homeowners' Ass'n v. Leonpacher

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-03T00:00:00-08:00

Citation: 8 So. 3d 381

Snippet: prevailing party but denied their motion. Section 720.305(1), Florida Statutes (2007), and Article XI, section

McDaniel v. Edmonds

Court: Fla. Dist. Ct. App. | Date Filed: 2008-07-25T00:00:00-07:00

Citation: 990 So. 2d 9

Snippet: declaration of covenants and restrictions and section 720.305, Florida Statutes (2001). In the final judgment