Fine Dispute and Demand for Rescission

When to use this

Use this letter when your association has fined you and you believe the fine is invalid, either because the board skipped a required step or because the fine itself breaks the statutory caps. In Florida, both HOAs (Fla. Stat. 720.305) and condominiums (Fla. Stat. 718.303) can only fine after specific procedures are followed. If any step was skipped, the fine may not hold up.

A fine is often invalid when:

• You did not get at least 14 days written notice and an opportunity for a hearing before the fine was imposed.
• No hearing was actually offered, or you were fined before any hearing.
• The hearing was not held before an independent committee of at least three members who are not board members and not the spouse, parent, child, brother, or sister of a board member.
• The fine exceeds $100 per violation, or the aggregate exceeds $1,000, and your governing documents do not authorize a higher amount.
• You cured the violation before the hearing, so there was nothing left to fine.
• The rule is being enforced against you but not against others in the same situation, which is selective enforcement.

Note the lien limits. For an HOA, a fine of less than $1,000 cannot become a lien on your home. For a condominium, a fine can never become a lien. So a fine is not a foreclosure threat by itself.

How to send it

• Send it certified mail, return receipt requested, so the date is documented.
• Address it to the association at its registered agent and principal address, found on sunbiz.org by searching the association's legal name.
• Attach your evidence: photos, dated repair receipts, prior correspondence, and anything showing others were not fined for the same thing.
• Keep a full copy for your file.
• Keep paying your regular assessments on time, under protest. Do not let the fine dispute make you delinquent on dues.

What happens next

If the board rescinds the fine in writing, keep that confirmation with your records and you are done. If the board refuses or ignores you, your next steps are a demand-to-cure letter, then pre-suit mediation for an HOA under Fla. Stat. 720.311 or arbitration for a condominium under Fla. Stat. 718.1255. Because the fine cannot lien your home in the amounts described above, you generally have room to contest it without immediate foreclosure risk, but see an attorney right away if the association ever threatens a lien or foreclosure. This information is current as of July 7, 2026 and is not legal advice.