Florida Statutes
Fla. Stat. § 720.305 (2025)
Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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;
(c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and
(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.
Notes of Decisions
Cited in 38
cases (11 in the last 5 years), 2003–2026 · leading case: Alhambra Homeowners Ass'n, Inc. v. Asad, 943 So. 2d 316 (Fla. 4th DCA 2006).
Alhambra Homeowners Ass'n, Inc. v. Asad, 943 So. 2d 316 (Fla. 4th DCA 2006). “" § 720.305(1), Fla. Stat. (2005). Unlike Britamco, this case does not involve a statute that conditions fees upon the entry of a judgment or decree, a conclusion to a case different from a voluntary dismissal.”
Dwork v. Exec. Estates of Boynton Beach Homeowners Ass'n, 219 So. 3d 858 (Fla. 4th DCA 2017). “As this is a matter of statutory interpretation, we review the application of section 720.305 de novo. Miles v. Parrish, 199 So.”
Gulf Landings Ass'n, Inc. v. Hershberger, 845 So. 2d 344 (Fla. 2d DCA 2003). “It too requested an award of attorneys' fees pursuant to the declaration of covenants and restrictions and pursuant to section 720.305, Florida Statutes (2001).”
Greenacre Props., Inc. v. Rao, 933 So. 2d 19 (Fla. 2d DCA 2006). “Rao was entitled to statutory damages under section 720.305 in the amount of 0. Finally, the court determined that Greenacre Properties had been negligent in fulfilling, on behalf of the Association, its duties to Dr.”
Gonzalez v. Coconut Key Homeowners Assoc., Inc., 246 So. 3d 428 (Fla. 4th DCA 2018). “2 In counts three and four, Gonzalez alleged that because of the flooding she had a claim for “Nuisance” and “Trespass.” She dismissed these counts before trial, as well as all other defendants except the Association.”
Baratta v. Valley Oak Homeowners'ass'n, 891 So. 2d 1063 (Fla. 2d DCA 2004). “Prevailing parties in the litigation are entitled to recover attorney's fees under section 720.305, Florida Statutes (2002).”
Olson v. Pickett Downs Unit IV Homeowner's Ass'n, 205 So. 3d 869 (Fla. 5th DCA 2016). “pursuant to section 720.305(1), Florida Statutes (2011), which provides for an award of attorney’s fees to the prevailing party in any action at law or in equity seeking redress for the alleged failure or refusal to comply with the governing documents of the community and/or…”
Agrelo v. Affinity Mgmt. Servs., LLC, 841 F.3d 944 (11th Cir. 2016). “See Fla. Stat. § 720.305 (2).- -The homeowners refused to pay the fine, maintaining, among other points, that they had not violated any Marbella rule and had not been afforded due process.”
MacKenzie v. Centex Homes Ex Rel. Centex Real Est. Corp., 208 So. 3d 790 (Fla. 5th DCA 2016). “Section 720.305, Florida Statutes (2015), provides any member of an HOA with the right to bring an action against the HOA or another member to “redress alleged failure or refusal to comply with [the HOA statutory provisions].”
Holiday Isle Improvement Ass'n, Inc. v. Destin Parcel 160, LLC, a Florida Ltd. Liab. Co., 257 So. 3d 582 (Fla. 1st DCA 2018). “1 Even though the declaratory judgment complaint filed by the association did not refer to section 720.305, 1 The statute further provides that in addition to recovering attorney’s fees and costs, “[a] member prevailing in an action between the association and the member under…”
Kathleen Madill v. Rivercrest Cmty. Ass'n, Inc., 273 So. 3d 1157 (Fla. 2d DCA 2019). “Pursuant to the governing documents of the Association and to section 720.305(1), Florida Statutes (2017), she was entitled as the prevailing party to recover the attorney's fees and costs incurred in her defense.”
Neuteleers v. Patio Homeowners Ass'n, 114 So. 3d 299 (Fla. 4th DCA 2013). “Moreover, section 720.305(l)(b), Florida Statutes, provides that “[ajctions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association .”
— 720.305(1) — 16 cases
Alhambra Homeowners Ass'n, Inc. v. Asad, 943 So. 2d 316 (Fla. 4th DCA 2006). “" § 720.305(1), Fla. Stat. (2005). Unlike Britamco, this case does not involve a statute that conditions fees upon the entry of a judgment or decree, a conclusion to a case different from a voluntary dismissal.”
Gonzalez v. Coconut Key Homeowners Assoc., Inc., 246 So. 3d 428 (Fla. 4th DCA 2018). “2 In counts three and four, Gonzalez alleged that because of the flooding she had a claim for “Nuisance” and “Trespass.” She dismissed these counts before trial, as well as all other defendants except the Association.”
Greenacre Props., Inc. v. Rao, 933 So. 2d 19 (Fla. 2d DCA 2006). “Rao was entitled to statutory damages under section 720.305 in the amount of 0. Finally, the court determined that Greenacre Properties had been negligent in fulfilling, on behalf of the Association, its duties to Dr.”
Olson v. Pickett Downs Unit IV Homeowner's Ass'n, 205 So. 3d 869 (Fla. 5th DCA 2016). “pursuant to section 720.305(1), Florida Statutes (2011), which provides for an award of attorney’s fees to the prevailing party in any action at law or in equity seeking redress for the alleged failure or refusal to comply with the governing documents of the community and/or…”
Holiday Isle Improvement Ass'n, Inc. v. Destin Parcel 160, LLC, a Florida Ltd. Liab. Co., 257 So. 3d 582 (Fla. 1st DCA 2018). “1 Even though the declaratory judgment complaint filed by the association did not refer to section 720.305, 1 The statute further provides that in addition to recovering attorney’s fees and costs, “[a] member prevailing in an action between the association and the member under…”
— 720.305(1)(a) — 1 case
Elizabeth Pirman v. South Pointe of Tampa H. O. a. (Fla. 2d DCA 2023).
— 720.305(1)(b) — 2 cases
Bruce McIntosh & Valli McIntosh v. James C. Myers & Gayle E. Myers, 271 So. 3d 159 (Fla. 1st DCA 2019).
Justin Mooney & Katarina A. Korray v. Color Le Palais of Boynton Beach Homeowners Ass'n, Inc. (Fla. 4th DCA 2025).
— 720.305(2) — 1 case
Tahiti Beach Homeowners Ass'n, Inc. v. Pfeffer, 52 So. 3d 808 (Fla. 3d DCA 2011).
— 720.305(2)(a) — 1 case
Zokaites Props., Lp v. Talavera Ass'n, Inc. (Fla. 4th DCA 2022).
— 720.305(2)(b) — 2 cases
Dwork v. Exec. Estates of Boynton Beach Homeowners Ass'n, 219 So. 3d 858 (Fla. 4th DCA 2017). “As this is a matter of statutory interpretation, we review the application of section 720.305 de novo. Miles v. Parrish, 199 So.”
Elizabeth Pirman v. South Pointe of Tampa H. O. a. (Fla. 2d DCA 2023).
— 720.305(b) — 1 case
William Pecchia & Kathleen Porter v. Wayside Estates Homeowners Ass'n, Inc. (Fla. 5th DCA 2024).
— 720.305(b)(2) — 1 case
Elizabeth Pirman v. South Pointe of Tampa H. O. a. (Fla. 2d DCA 2023).
— 720.305(l)(b) — 1 case
Neuteleers v. Patio Homeowners Ass'n, 114 So. 3d 299 (Fla. 4th DCA 2013). “Moreover, section 720.305(l)(b), Florida Statutes, provides that “[ajctions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association .”
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