On July 1, 2015, recent amendments to Chapters 718 and 720, Florida Statutes went into effect which will impact all condominium and homeowners’ associations in the state of Florida.
Chapter 720, Florida Statutes was officially renamed the “Homeowners’ Association Act,” and among the more significant changes, the procedure for fining unit owners for violations of the governing documents has been amended to clarify that fines must initially be levied by the board of directors, subject to an opportunity to be heard before an impartial fining committee whose role is limited to confirming or rejecting the fine. It remains unclear whether a fine must be reviewed by the fining committee where a unit owner fails to actually request a hearing. As a result, we continue to recommend that all fines be made subject to review by the fining committee. Continue reading