Florida statute reference · F.S. § 718.303
§ 718.303 - Violations, Fines & Hearings
Section 718.303 is the condo association's enforcement statute. It sets out what owners are obligated to do, what the association can do when they don't, and - critically - the procedural guardrails that must be followed before any fine is imposed.
Reviewed by the Common Elements editorial team, which includes a Florida-licensed community association manager (LCAM) and insurance broker - Florida Licensed Community Association Manager, 2-20 & 6-20.
What boards need to know
The biggest mistake condo boards make under § 718.303 is trying to vote on fines at a board meeting. The statute doesn't allow that. Only the fines committee - a separate body of at least three unit owners who aren't officers, directors, or employees of the association - can approve a fine. The board can initiate the process and send the violation notice, but the fine itself can only be levied after the committee holds a hearing and votes to approve it.
The procedural sequence matters: the owner gets at least 14 days' written notice before the hearing, attends (or doesn't attend - that's their choice), and the committee deliberates and votes. If the committee doesn't approve the fine, there's no fine. If they approve, the fine runs at up to $100/day with a $1,000 total cap per violation.
Suspension of amenity access follows the same process. An owner who is more than 90 days delinquent can have their pool, fitness center, and clubhouse access suspended - but you can't cut off ingress or egress to their actual unit. Voting rights suspension for delinquency (90+ days) is a separate mechanism that doesn't require a hearing, but it should still be documented carefully.
Key requirements
Owner obligations
§ 718.303(1)- Owners must comply with the declaration, bylaws, and rules
- Tenants and occupants are also bound by governing documents
- Owners remain responsible for their tenant's compliance
- Violations by tenants can result in fines against the owner
Fine caps and committee requirement
§ 718.303(3)- Maximum fine: $100 per day per violation
- Maximum total fine: $1,000 per violation
- Board alone cannot impose fines - fines committee required
- Fines committee: at least 3 unit owners, not officers/directors/employees
- Fine void if imposed without committee approval
Hearing notice requirements
§ 718.303(3)- At least 14 days' written notice before the hearing
- Notice must state: date, time, location, and nature of violation
- Owner has right to attend and present a defense
- Hearing may proceed in owner's absence if properly noticed
- Committee decision is final (no board override)
Suspension of use rights
§ 718.303(4)- Association may suspend common area access for 90+ day delinquency
- Suspension requires hearing - same fines committee process
- Cannot suspend ingress or egress to the unit
- Pool, fitness center, clubhouse, guest parking - suspendable
- Suspension lifted once delinquency is cured
Common questions about § 718.303
- What is the maximum fine a Florida condo association can impose under § 718.303?
- Under § 718.303(3), fines are capped at $100 per day per violation. The total fine for any single violation (continuing or otherwise) cannot exceed $1,000. Governing documents may set a lower cap, but the association cannot exceed the statutory maximum regardless of what the declaration or rules say.
- Does a Florida condo association need a fines committee?
- Yes. Section 718.303(3) requires the association to establish a fines committee (sometimes called a grievance committee or violations committee) separate from the board of directors. A fine can only be levied after the committee holds a hearing and approves the fine. The board alone cannot impose a fine - even if the violation is clear. The fines committee must consist of at least three unit owners who are not officers, directors, or employees of the association, and are not related to any of them.
- How much notice must a Florida condo owner receive before a fines hearing?
- At least 14 days' written notice before the hearing. The notice must specify the date, time, and location of the hearing and the nature of the alleged violation. The owner has the right to attend and present a defense. A fine cannot be imposed if proper notice was not provided.
- Can a Florida condo association suspend an owner's access to amenities?
- Yes. Under § 718.303(4), the association may suspend the right of a unit owner to use the common elements and recreational facilities for failure to pay any monetary obligation due to the association when the obligation is more than 90 days delinquent. The suspension does not apply to ingress or egress from the unit. The suspension must also go through the fines committee hearing process.
- Can a condo association suspend an owner's voting rights under § 718.303?
- Yes, but only for failure to pay assessments - not for rule violations or unpaid fines alone. Section 718.303(5) allows the association to suspend the voting rights of a unit owner who is more than 90 days delinquent in any monetary obligation to the association. Once the obligation is paid in full, the voting rights are automatically reinstated.
- What happens if a unit owner does not attend the fines hearing?
- If a unit owner fails to appear at a properly noticed hearing before the fines committee, the committee may proceed with the hearing in the owner's absence and vote to impose the fine. The owner's failure to appear does not preclude the committee from acting. The association should document that proper notice was given and that the owner did not attend.
Key statutory text
Selected subsections. Full text at Florida Legislature Online.
§ 718.303(3) - Fines committee requirement
“A fine may not be levied by the board of administration. The fine may be levied by 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 of the association. The committee must afford the unit owner an opportunity for a hearing before the committee after reasonable notice of not less than 14 days to the unit owner. The fine may not exceed $100 per violation and $1,000 in the aggregate.”
Track violations and hearings on Common Elements
Log violations, schedule fines committee hearings, and track resolution - all in one workspace. Free to start.
This is not legal advice. Consult association counsel for your specific situation.