An HOA cannot simply create a fine because the board believes you broke a rule that was never adopted. Florida law requires the fine to relate to a violation of the governing documents or rules, so the first question is whether the restriction actually exists.
The rule must appear in the governing documents
Your HOA should be able to point to the specific provision that supports the fine. That provision may appear in the declaration, bylaws or properly adopted rules and regulations.
A board’s past practice or personal expectation is different from a restriction that actually requires you to follow it.
The fine must follow a specific process
Even when an HOA has a valid rule, it cannot simply impose a fine without following the required procedure. Florida law requires the HOA to give you advance written notice of the violation and an opportunity to be heard before it can impose the fine.
That process gives you an opportunity to address the alleged violation before the HOA makes the fine final.
Check the rule before responding
If you receive a fine for an unwritten rule, compare the alleged violation with your HOA’s actual governing documents. Keep the violation notice and any communication from the board, and ask the association to identify the provision it believes you violated.
If the HOA cannot point to a rule that supports the fine, or you believe it failed to follow the required process, consider getting legal guidance before deciding how to respond. Knowing exactly what the documents say can put you in a much better position to address the dispute.
