What Laws Empower Florida Homeowners Associations to Collect Assessments?

Florida’s Homeowners’ Association Act (HAA) authorizes associations to collect assessments in accordance with the association’s governing documents, which must specify members’ proportional share of common expenses in relation to the HOA’s budget. Fla. Stat. §720.308(1). Interest accrues on unpaid assessments at the rate specified in the governing documents or, if none, at 18.00%. Fla. Stat. §720.3085(3). If permitted by the governing documents, an association can also charge late fees of the greater of $25 or five percent of the past-due installment. Id.

The HAA authorizes fines of up to $100 per violation against members who fail to comply with validly adopted HOA policies. Fla. Stat. §720.305(2). Associations can charge daily fines for continuing violations, but the total cannot exceed $1,000 unless expressly authorized by the governing documents. Id. Fines cannot become effective until the association provides the member at least 14 days’ written notice of the proposed fine and the opportunity to be heard by a committee. Fla. Stat. §720.305(2)(b). If upheld by the committee vote, the fine becomes due five days after the hearing or vote. Id.