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Spanish Wells Unit One HOA, Inc. has the  authority to levy and collect fines against homeowners who have  violated the community’s rules and restrictions.

In that regard, the Spanish Wells Unit One HOA, Inc.  is NOT required to have specific authority in its governing documents to levy fines. Florida Statutes give HOAs that authority. In that regard, Section 720.305(2), Florida Statutes, provides:

(2) Spanish Wells Unit One HOA, Inc. may levy reasonable fines of up to $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may be levied for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to reasonable attorney’s fees and costs from the non-prevailing party as determined by the court.


 
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