Florida Court Says HOA Efforts to Collect “Fines” are Subject to Consumer Collection Practices Act

PUBLISHED Florida District Appellate Court decision (November 9, 2016).

This case involved a dispute between a homeowners association and homeowners over a fine that was imposed by the association against the homeowners for alleged violations of various provisions contained in the association’s governing documents. The association contended that the homeowners improperly performed construction without proper association approval, had relocated a fence and had removed plants all in violation of the association’s governing documents. After conducting appropriate internal hearings on the alleged violations, the association imposed a fine for the continuing violation which the homeowners refused to pay.