HOA Fines in Brevard County, FL: What Your Association Can Actually Charge

How much can an HOA fine you in Brevard County, Florida?

Florida law caps HOA fines at $100 per violation and $1,000 in the aggregate unless your governing documents say otherwise, and no fine can be imposed without 14 days written notice and a hearing.

Most people who buy on the Space Coast have never lived under a homeowners association before. You close on a house in Viera or Suntree or Rockledge, you park a trailer in the driveway for a weekend, and three weeks later there is a letter in the mailbox with a dollar amount on it. The first reaction is almost always the same: can they actually do that?

The answer is yes, but only if they follow a very specific process, and the process is written into Florida statute rather than left up to the board. Chapter 720 of the Florida Statutes governs homeowners associations across Brevard County and the rest of the state, and it puts real limits on what a board can charge you and how it has to get there. Knowing that process is the difference between paying a fine you did not owe and getting it thrown out at the hearing.

What is the maximum HOA fine in Florida?

Under Florida Statute 720.305, an association may levy reasonable fines for violations of the declaration, the bylaws, or the association's reasonable rules. The statute sets these limits:

Rule	What the statute says
Per violation cap	$100, unless the governing documents provide otherwise
Continuing violation	The board may fine for each day, with a single notice and hearing
Aggregate cap	$1,000, unless the governing documents provide otherwise
Lien threshold	A fine of less than $1,000 may not become a lien against your parcel
Attorney fees	The prevailing party in an action to recover a fine is entitled to reasonable fees and costs

Read that "unless the governing documents provide otherwise" language carefully. It is the reason two neighbors in different Brevard County communities can face very different numbers for the same violation. Some declarations set higher caps. That is why the recorded documents matter more than the statute alone, and why you should read them before you close, not after.

What process does a Brevard County HOA have to follow before fining you?

This is where most fines fall apart. The board cannot simply vote and send an invoice. Florida Statute 720.305 requires all of the following:

• At least 14 days written notice of your right to a hearing, sent to the mailing or email address in the association's official records.
• A hearing held within 90 days after the notice is issued.
• The hearing must be before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, and who are not the spouse, parent, child, brother, or sister of an officer, director, or employee.
• The notice must describe the alleged violation, the specific action required to cure it, and the hearing date and location or access information.
• You have the right to attend by telephone or other electronic means. The committee may hold the hearing that way too.

Then comes the part that surprises homeowners. If the committee does not approve the proposed fine by majority vote, the fine may not be imposed. The committee's role is limited to confirming or rejecting what the board levied. Within seven days of the hearing, the committee has to send you written notice of its findings, including how you can cure the violation and the date any fine must be paid, which must be at least 30 days out.

And if you cure the violation before the hearing, or in the manner spelled out in the written notice, no fine may be imposed at all. Curing the problem is almost always cheaper than fighting it.

What can a Florida HOA not fine you for?

The Legislature added a short list of protected activities when it passed House Bill 1203, which took effect July 1, 2024. Regardless of what your governing documents say, an association may not fine or suspend you for:

• Leaving garbage receptacles at the curb or the end of the driveway within 24 hours before or after your designated collection day or time.
• Leaving holiday decorations or lights up longer than the documents allow, unless they stay up more than one week after the association sends written notice.

The same law also addressed driveway parking. Under the changes summarized by the Florida Senate bill summary, associations may not prohibit a homeowner from parking a personal vehicle in their own driveway, or a work vehicle that is not a commercial motor vehicle. The bill also limited associations to simple interest, not compound interest, on unpaid assessments, and required associations with 100 or more parcels to maintain digital copies of specified official records online beginning January 1, 2025.

Can an HOA suspend your amenities or your vote?

Yes, and this path does not require the same notice and hearing. If you are more than 90 days delinquent on any fee, fine, or other monetary obligation, the association may suspend your right, and your tenant's or guest's right, to use common areas and facilities until you pay in full. It may also suspend the voting rights attached to your parcel.

There are limits. A suspension cannot cut off the portion of the common areas used for access or utility service to your parcel, and it cannot prohibit vehicular and pedestrian ingress and egress, including the right to park. So the pool and the clubhouse can be shut off. The road to your house cannot.

How this plays out in Space Coast communities

Brevard County has a wide spread of association structures. Some Melbourne and Merritt Island neighborhoods have no mandatory HOA at all. Others, particularly the newer master-planned communities in Viera and Rockledge, have layered documents with architectural review, landscaping standards, and detailed rules about what can sit in a driveway. The statutory floor is the same everywhere in Florida. The ceiling is set by the documents you agree to at closing.

Two practical moves before you buy anywhere on the Space Coast. First, read the declaration and the rules, not just the fee schedule. Second, ask for recent board meeting minutes and any fining committee activity. A community that fines aggressively will show it in the minutes, and that tells you more about daily life there than any brochure will.

Frequently asked questions

Can an HOA in Brevard County put a lien on my house for a fine?

Not for a fine of less than $1,000. Florida Statute 720.305 specifically says a fine of less than $1,000 may not become a lien against a parcel. Unpaid assessments are a different matter and can be liened, which is why it is worth knowing whether the charge on your account is a fine or an assessment.

What happens if I ignore the hearing notice?

The hearing goes forward without you and the committee decides on the record it has. Showing up, by phone or in person, is free and it is your one chance to present your side before the fine is confirmed. If the committee approves the fine and you neither cure the violation nor pay by the noticed date, the association can start accruing reasonable attorney fees and costs.

Do these rules apply to condo associations too?

No. Chapter 720 covers homeowners associations. Condominiums on the Space Coast, including most beachside buildings in Cocoa Beach, Satellite Beach, and Indialantic, are governed by Chapter 718 instead, which has its own fine and hearing provisions. If you are buying a condo, confirm which chapter applies before you rely on any of the numbers above.

Buying into an association on the Space Coast is not something to guess at. If you want help reading a set of governing documents before your inspection period runs out, or you want to know which Brevard County neighborhoods run light on rules and which run heavy, ask. My partner Nichole and I got your back. Reach out anytime at (321) 212-7676 or www.livingspacecoast.com.