Can an HOA in Florida Use Self Help?

Check your HOA’s governing documents on “self-help” provisions, which allow the association to enter the property and correct violations then charge the owner for the expenses. An HOA can generally place a lien on a home if the owner (in this case, the bank) fails to pay HOA dues. As for liens on fines, it is important to refer to Florida HOA Act Section 720.305(2), which states:

“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.”