Association’s Actions Against Owner For Non-payment Of A Fine Were Improper

In this case a homeowner (“Owner”) sued his homeowners association (“Association”) for declaratory and injunctive relief seeking an order compelling Association to rescind a fine levied against him for violation of Association’s rules, and to force Association to restore his access to community amenities and reinstate him as a member of Association’s board of directors. In his action, Owner contended that the action taken against him by Association was invalid because Association’s notice of the violation did not comply with the Association’s CC&Rs and with applicable Florida law.

The facts that gave rise to Owner’s action pertained to an inspection of Association property by Association’s property manager. The manager allegedly found violations on Owner’s property and sent Owner a violation letter stating that he owed a fine of $100 for the alleged violations. With the notice of the alleged violation, the manager sent an invoice for the $100 fine. After Owner objected to the fine and refused to pay it, Association suspended his access to community amenities and removed him from the board of directors.

The relevant provision contained in Association’s CC&Rs that Owner contended was violated stated: