HOA and Condo Fines: Notice, Cure and Hearing Rules by State
Before an association can fine an owner: Florida’s 14-day notice and committee hearing, California’s $100 cap and cure right, and Texas’s certified-mail notice.
By Seayora Editorial Team · Published · Facts checked · 4 min read
Short answer: An association usually cannot fine an owner without written notice and a chance to be heard. Florida homeowners’ associations must give 14 days’ notice of a hearing before a committee of at least three independent members, and fines are capped at $100 per violation and $1,000 in total unless the governing documents say otherwise. California caps a fine at $100 per violation in most cases and lets the owner cure before the board meets, and Texas requires certified-mail notice offering a cure period and a hearing.
Key takeaways
- Florida HOAs: 14 days’ written notice, a hearing within 90 days before an independent committee of at least three, and no fine if the violation is cured (Fla. Stat. § 720.305).
- Florida HOAs: $100 per violation and $1,000 in total unless the governing documents provide otherwise; a fine under $1,000 cannot become a lien.
- California: a fine may not exceed the lesser of the published schedule or $100 per violation, except for health and safety violations, with no late charges or interest on fines (Civ. Code § 5850).
- California: 10 days’ notice of the board meeting, a chance to cure first, and a written decision within 14 days (Civ. Code § 5855).
- Texas: certified-mail notice describing the violation, a reasonable cure period and the right to request a hearing within 30 days (Prop. Code §§ 209.006, 209.007).
Can an HOA fine an owner without a hearing?
In the states below, no. Each requires written notice describing the violation and an opportunity to be heard, and each lets an owner avoid the fine by curing a curable violation in time. A fine imposed without following the statute is generally not effective; California says so expressly. The rules here are for homeowners’ associations; condominium associations often have their own statute, such as Florida’s for condominiums.
| State | Notice | Hearing | Cap | Source |
|---|---|---|---|---|
| Florida (HOA) | 14 days’ written notice of the right to a hearing | Within 90 days, before a committee of at least three non-board members | $100 per violation; $1,000 total, unless the documents say otherwise | Fla. Stat. § 720.305(2) |
| California | 10 days before the board meeting | Owner may attend and address the board, in executive session on request | Lesser of the schedule or $100 per violation, with a health-and-safety exception | Civ. Code §§ 5850, 5855 |
| Texas | Certified-mail notice with a cure date | On written request within 30 days; held within 30 days of the request | Not set in these sections | Prop. Code §§ 209.006, 209.007 |
What does Florida require?
A fine “may not exceed $100 per violation” and, for a continuing violation fined daily with a single notice, “may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents,” and “a fine of less than $1,000 may not become a lien against a parcel.” The board must first give “at least 14 days’ written notice” of the owner’s right to a hearing, held within 90 days before a committee of at least three members who are not officers, directors or employees or their close relatives. The notice must describe the violation, the action needed to cure it and the hearing details. If the committee does not approve by majority vote, the fine cannot be imposed; it must give written findings within seven days; a violation cured before the hearing or as the notice specifies cannot be fined; and an approved fine must be payable no sooner than 30 days after that notice (Fla. Stat. § 720.305).
What does California require?
An association that fines must publish a schedule of monetary penalties in its annual policy statement, and since June 30, 2025 a penalty “shall not exceed the lesser of” the scheduled amount or “One hundred dollars ($100) per violation,” unless the violation may have an adverse health or safety impact and the board makes a written finding in an open meeting. No late charge or interest may be charged on a penalty (Cal. Civ. Code § 5850).
Before the board meets to impose discipline, it must notify the member in writing “at least 10 days prior to the meeting” with the date, time, place, the nature of the violation and the right to attend and speak. The member may cure before the meeting, and the board may not impose discipline if the member cures or, where a cure takes longer, makes a financial commitment to cure. The decision must be delivered in writing within 14 days, and discipline is not effective unless the board follows the section (Cal. Civ. Code § 5855).
What does Texas require?
Before a property owners’ association may levy a fine, suspend use of a common area, charge for property damage, sue other than to collect assessments or report a delinquency to a credit bureau, it must give written notice by certified mail describing the violation and any amount due, stating a cure date where the violation is curable and not a threat to health or safety, and telling the owner they may request a hearing on or before the 30th day after mailing and may have rights under the Servicemembers Civil Relief Act. If the owner cures in time, no fine may be assessed (Tex. Prop. Code § 209.006). A requested hearing must be held within 30 days, with at least 10 days’ notice of when and where (§ 209.007).
How should an association document a fine?
- Record the violation with a dated photo or report.
- Send the notice your statute requires, by the method it requires, and keep proof of delivery.
- Calendar the cure date and the hearing deadline from the date of mailing or delivery.
- Hold the hearing before the body the statute names and record its decision.
- Send the written decision and set the payment date no sooner than the statute allows.
Frequently asked questions
How much can an HOA fine me in California?
Since June 30, 2025, no more than the lesser of the association’s published schedule or $100 per violation, unless the violation may affect health or safety and the board makes a written finding. No late fees or interest may be added to a fine.
Can a Florida HOA fine me if I fix the violation?
No. Florida bars a fine or suspension for a violation cured before the hearing or in the manner the notice specified.
How long do I have to ask for a hearing in Texas?
Until the 30th day after the association mailed its certified-mail notice. The association must then hold the hearing within 30 days of your request.
Sources
- Florida Statutes § 720.305, Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights, Florida Legislature
- California Civil Code § 5850, California Legislative Information
- California Civil Code § 5855, California Legislative Information
- Texas Property Code Chapter 209, Texas Residential Property Owners Protection Act, Texas Legislature
How Seayora helps
Community associations: Seayora refuses a fine before its notice and cure date and while a hearing is open, and keeps every step on the record.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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