Florida · §718

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§ 718.112(2)(c) — 48-hr notice

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BOARD TEMPLATE · § 720.305(2)(b)

Fining Committee Charter

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What §720.305(2)(b) requires — and where boards go wrong

Section 720.305(2)(b) of the Florida Homeowners’ Association Act prohibits a Florida HOA from imposing a fine or suspension against a member unless a committee of at least three members— none of whom is a board member, officer, or employee, and none of whom has a family relationship to any board member, officer, or employee — has held a hearing and confirmed the proposed fine by majority vote. The committee’s approval is a prerequisite; a fine the board imposes without it is void.

A written charter is not required by the statute, but it is the safest paper trail for three reasons. First, it proves the committee was properly constituted before the fine was imposed — not assembled ad hoc after an owner challenged it. Second, it establishes the conflict-of-interest recusal rule in advance, so a committee member with an undisclosed relationship cannot later claim the rule was unclear. Third, it gives replacement members a defined procedure to follow, which matters when a vacancy opens mid-hearing.

The most common errors that void fines under § 720.305(2)(b) are:

  • Board members sitting on the committee.The statute is explicit: no officer, director, or employee. A board member who “recuses himself from voting” but sits in on the hearing is still disqualifying.
  • Notice shorter than 14 days. The owner must receive written notice of the hearing at least 14 days in advance, identifying the alleged violation, the date and place of the hearing, and the maximum fine amount.
  • The committee modifying the fine amount. The committee may confirm or reject only. It may not reduce the fine to a different amount. If the board proposed $200, the committee confirms or rejects $200 — it cannot approve $100.
  • No minutes. The hearing must be documented. A bare vote without recorded procedure gives the owner grounds to argue the hearing was a formality.

The template

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FINING COMMITTEE CHARTER

[ASSOCIATION NAME]

Adopted by the Board of Directors on [DATE]

PURPOSE

This Fining Committee is appointed under § 720.305(2)(b), Florida Statutes, to confirm or reject proposed fines and suspensions before they take effect.

MEMBERSHIP

  1. 1. Three (3) members appointed by the Board.
  2. 2. No committee member shall be:
    a. An officer, director, or employee of the association.
    b. The spouse, parent, child, or sibling of any officer, director, or employee.
  3. 3. Members serve a term of [TERM LENGTH] and may be re-appointed.
  4. 4. The Board may fill vacancies by majority vote.

QUORUM AND DECISION RULE

  1. 1. Two of the three members present constitute a quorum.
  2. 2. A proposed fine is confirmed by majority vote of the quorum present.
  3. 3. The committee may not modify the proposed fine amount; it may confirm or reject only.

HEARING PROCEDURE

  1. 1. Upon receipt of a proposed fine, the association sends written notice to the affected owner at least 14 days before the hearing, identifying the alleged violation, the date and place of the hearing, and the maximum fine under § 720.305(2).
  2. 2. The hearing is held within 90 days of the notice.
  3. 3. The owner may appear with counsel and present evidence.

RECORDKEEPING

  1. 1. The committee secretary records the minutes of every hearing.
  2. 2. Minutes are filed with the association’s official records under § 720.303(4).
  3. 3. Confirmation or rejection is final upon vote.

CONFLICTS

A member who has a personal interest in a hearing — including any relationship listed in section 2 of Membership — shall not participate.

ADOPTION

This charter is effective upon Board adoption.

Adopted on: [DATE]

Chair, Board of Directors: ___________________________

Secretary, Board of Directors: ___________________________

Not legal advice. This template is a starting point for organizational use. It does not constitute legal advice or create an attorney-client relationship. Consult a licensed Florida attorney before relying on this document for any specific situation.

Track fines, hearings, and committee actions in one audit log.

HOA Rocket records the proposed fine, the 14-day notice, the hearing outcome, and the official-records filing — so the paper trail is complete before any owner challenge.

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