Hearing Committee for Fines

The board proposes; the committee independently reviews

A violation complaint should lead to a fair evaluation of facts and authority. The hearing committee provides a distinct check on a proposed sanction. It should not be treated as a group assembled merely to endorse the board’s decision.

Clear rules. Independent review. Fair outcomes.

Florida condominium requirements

Under § 718.303(3), the board appoints a committee of at least three. Members cannot be association officers, directors, employees, or their spouses, parents, children, brothers, or sisters.

Before imposing a violation fine or suspension, provide at least 14 days’ written notice to the owner and, where applicable, the tenant, licensee, or invitee being sanctioned, with an opportunity for a committee hearing.

The committee confirms or rejects the board’s proposed sanction. Without majority approval, it cannot be imposed. The committee’s statutory role does not include substituting a different fine.

Section 718.303(3) states fine caps of $100 per violation and $1,000 in aggregate, addresses continuing violations, and excludes fines from becoming unit liens. These limits do not establish that a particular fine has been validly imposed. Under subsection (3)(b), the five-day payment provision is tied to notice of an approved fine being provided to the owner and applicable affected persons; it is not simply five days from the hearing or an informal warning. Have counsel confirm the prerequisite steps, required recipients, written notice, delivery and actual payment date before treating a fine as due.

Violation suspensions cannot block unit access, utilities, parking, elevators, or limited common elements intended only for that unit. Delinquency suspensions have separate procedures.

Prepare for a meaningful hearing

The following are suggested practices, to be adapted with counsel:

1. Confirm authority and eligibility. Verify the rule, board action, committee membership, and applicable procedure.
2. Make the issue clear. Identify the alleged conduct, relevant provision, proposed sanction, and hearing arrangements in the appropriate notice.
3. Organize the evidence. Prepare a chronology, notices, photos, witness information, and the owner’s response. Separate firsthand observations from assumptions.
4. Allow a response. Give the affected person a reasonable opportunity to explain and present relevant information. Address accessibility needs appropriately.
5. Consider and vote. Evaluate the proposed sanction independently and record the committee’s decision.

Procedure checklist for counsel

• Does the provision and proposed sanction apply to the actual conduct and affected person?
• Are the committee’s appointment, composition, exclusions and handling of personal involvement appropriate?
• Do the hearing and outcome notices identify the required information and recipients, with suitable delivery and evidence?
• What hearing, decision, approval and recordkeeping steps apply?
• When does the approved-fine payment period begin, how is the actual date determined, and what collection steps are legally available?
• For a suspension, which separate route and protected-access limits apply?

Resolve these questions with counsel before adopting a policy or applying it to a disputed sanction; the questions do not replace the controlling requirements.

Questions for committee members

• Is the relevant requirement clear and applicable?
• Does the evidence support the alleged violation?
• Was the appropriate notice and hearing opportunity provided?
• Are there disputed facts, prior approvals, or accommodation issues requiring legal review?

Suggested impartiality safeguard: disclose a personal involvement or interest in the dispute and ask counsel how it should be handled. Do not allow private pressure from directors or neighbors to determine the outcome.

Keep a clear record and complete the follow-up

Suggested file contents include committee appointments, board authorization, notices and delivery evidence, hearing materials, the vote, and the outcome notice. Preserve relevant records under the association’s retention and access procedures while protecting information the law restricts.

If the committee rejects the proposal, do not post the rejected fine as an amount due. Ask counsel about other lawful responses to the underlying problem. Committee rejection does not automatically rewrite the governing rule.

Before recording an approved fine as due or starting collection activity, have counsel confirm that the full applicable procedure has been completed, the notices and delivery evidence are sufficient, and the actual due date and proposed collection method are correct. Reconcile the account and retain supporting records; committee approval alone is not this webpage’s authorization to collect.

Document the decision. Follow the process.

Common pitfalls for small associations

• Using directors as the hearing committee.
• Asking the committee to “rubber stamp” a decision.
• Charging first and offering a hearing only afterward.
• Using an HOA policy without checking condominium law.
• Relying on an undocumented complaint as the entire case.
• Mixing a violation fine with assessment or delinquency remedies.
• Ignoring an accommodation request or applying rules inconsistently.

What if we cannot find eligible members?

Do not bypass the committee requirement. Ask counsel about lawful recruitment options and eligibility under your documents, or another appropriate enforcement remedy. Avoid assuming members must be owners—or assuming outsiders are acceptable—without reviewing the applicable requirements.

Century Village boards can recruit and orient volunteers before a dispute arises. A standing, properly appointed committee is easier to organize than a last-minute panel during a contentious matter.

Official reference & related guidance

Florida § 718.303 — Fines, hearings, suspensions, and remedies

Owners & Rules Board Enforcement Fair Housing Act

Prior review October 10, 2026; procedural qualifications and the current official §718.303 reference checked October 18, 2026. General education, not approval of an individual sanction or a complete notice or collection procedure. Suggested hearing practices do not replace statutory requirements; have association counsel review the policy and individual disputed sanctions.