Covenant enforcement is one of the most challenging — and most important — responsibilities of an HOA board. Done well, it protects property values and community harmony. Done poorly, it creates legal exposure and neighbor disputes. Here is how to do it right.
Florida courts have consistently held that selective enforcement — applying rules to some owners but not others — is a valid defense against covenant violations. If your board enforces a rule against one owner but ignores the same violation by another, you may be legally barred from enforcing it at all. Consistent, documented enforcement is essential.
Under Florida Statutes 718 and 720, owners must receive written notice of a violation and an opportunity to cure before the association can impose fines. The notice must describe the specific violation, cite the applicable rule or covenant, and provide a reasonable cure period (typically 14–30 days). Fines require a separate hearing before a fining committee.
Florida law limits fines to $100 per violation per day, with a maximum of $1,000 per violation (unless the governing documents provide otherwise). Fines must be approved by a fining committee of at least three owners who are not board members, officers, or employees of the association. Fines that are not properly noticed and approved are unenforceable.
Some violations — particularly those involving structural modifications, unauthorized rentals, or persistent non-compliance — may require legal action. Your CAM should work closely with association counsel to ensure that enforcement actions are properly documented and legally defensible.
PHS manages covenant enforcement for all communities we serve with a consistent, documented process that protects both the association and its members. We handle violation notices, fining committee coordination, and legal referrals — so your board can focus on governance rather than conflict.
Professional HOA Services Inc.
Licensed CAM · Locally Owned & Operated · Downtown Punta Gorda, FL
Have questions about this topic or your community's specific situation? Our licensed CAM team is here to help.
Continue your board's research with practical PHS guides and references related to this topic.
Board Resources
A practical reference guide for Florida HOA and Condominium Association board members covering fiduciary duties, financial responsibilities, meeting requirements, records obligations, covenant enforcement, and election procedures under FL 718 and 720.
Open PDFLegal Reference
A side-by-side quick reference guide for Florida's Condominium Act (Chapter 718) and Homeowners' Association Act (Chapter 720), covering key compliance requirements, deadlines, and statutory citations. Essential for board members and property managers.
Open PDFServices
A comprehensive overview of all Professional HOA Services Inc. CAM management programs, including full-service, financial, administrative, and maintenance coordination services. Perfect for boards evaluating management options.
Open PDF