“Before You Send the Violation Letter: Seven Questions Every Manager Should Ask” – FCAP Managers Report
A violation letter may seem like normal association work: a vehicle is parked improperly, a trash bin is left out, a resident installs something without permission, or someone makes too much noise. Management checks the complaint and sends the usual letter.
But that first letter shapes what happens next. A clear, correct letter may resolve the problem quickly. A letter based on an outdated rule, incomplete information, or a remedy the association cannot legally impose may turn a small problem into a much larger dispute.
Florida condominium and homeowners’ associations have important, but not unlimited, enforcement authority. Condominiums follow Chapter 718, Florida Statutes; homeowners’ associations follow Chapter 720. Both must follow their declarations, articles of incorporation, bylaws, and properly adopted rules.
Before sending a violation letter, managers and boards should answer seven basic questions.
1. What Exactly Happened?
Start with the facts, not the rule.
What happened, when, and where? Who observed it? Is it ongoing or a one-time event?
A report that “the owner is violating the rules” is not enough. Keep supporting photos, dates, times, incident reports, security records, written complaints, or management observations. If the complaint came from another resident, make sure it includes enough detail for the association to review the situation fairly.
Not every violation needs a full investigation, but every accusation needs a reasonable factual basis.
Describe the behavior plainly: “On October 5, a commercial vehicle was seen parked overnight in the east guest lot,” rather than simply, “You are in violation of the governing documents.”
Clear facts help the owner or resident understand the problem and create a reliable record if it continues.
2. What Provision Was Actually Violated?
Identify the restriction’s source and exact wording. Check the declaration, articles of incorporation, bylaws, and rules and regulations rather than relying on what has “always been the rule” or how a previous manager handled the issue.
Any rule being enforced should have a foundation in the declaration and cannot conflict with it or take away rights the declaration grants. The violation letter should identify the document and section involved and, when practical, quote the restriction so the recipient does not have to search through multiple documents.
Before pursuing a fine or suspension, confirm the governing documents provide the necessary authority. Florida law permits both, but fining requires more than adding a ledger charge. Follow applicable notice, board action, hearing, and committee-review requirements. Because Chapters 718 and 720 differ, work with counsel to confirm authority and procedure.
3. Are the Rules Current, Properly Adopted, and Understandable?
Communities change over time, but some associations are still working from rules written decades ago. Those rules may no longer reflect current law, the community’s needs, or how residents actually use the property.
Boards should periodically review their rules with association counsel to confirm that they are supported by the governing documents, do not conflict with the declaration, and remain legally enforceable. Outdated, conflicting, or unclear rules make enforcement more difficult and can lead to unnecessary disputes.
When rules are adopted or changed, the board must follow the notice and meeting procedures required by law and the governing documents. The requirements may differ depending on whether the community is a condominium or homeowners’ association and on the type of rule being considered.
The association should also keep one complete, dated, and current set of rules that is readily available to owners and residents. Outdated versions should be removed from circulation.
Most importantly, rules should be written so that an ordinary person can understand what is allowed and what is not. If management, the board, and the association’s lawyer cannot agree on what a rule means, residents will probably have the same problem.
4. Has the Restriction Been Enforced Consistently?
Owners in similar situations should generally be treated the same way. Before sending a violation letter, check whether the same type of conduct has occurred elsewhere in the community and how the association handled it. If similar conduct was previously allowed, determine whether there is a real difference that supports treating the current situation differently. If the answer is unclear, speak with the association’s attorney before moving forward.
Before enforcing a previously unenforced rule, consult the association’s attorney about whether past practices affect its ability to require correction of existing conditions. Existing violations may need different treatment, with advance community notice identifying the rule, enforcement start date, and a reasonable opportunity to comply. These steps support consistent enforcement and reduce concerns about singling out an owner.
A simple violation log can also help. Track the property involved, the rule at issue, when notice was sent, the deadline to correct the problem, and how the matter was resolved. Good records help the association stay consistent instead of relying on someone’s memory.
Most importantly, enforcement should be based on the facts and the governing documents, not on who made the complaint, who knows a board member, or who complains the loudest.
5. What Does the Association Want the Person to Do?
A useful violation letter should give the owner or resident a clear path to compliance.
Explain what needs to be done. If an alteration must be removed, say so. If an architectural application must be submitted, provide the application or explain where to find it. If the issue involves parking, identify the applicable rule. If certain behavior must stop, describe it clearly.
Allow reasonable time to correct the violation: moving a vehicle may take a day; removing an alteration may take longer. Check the governing documents and enforcement policy for required correction periods before setting the deadline.
6. Is an Enforcement Process in Place?
The best time to establish an enforcement process is before a difficult case arises.
Associations should consider adopting a written enforcement policy developed with counsel and supported by the governing documents. The policy may include a warning, formal notice, opportunity to correct the violation, board review of a proposed penalty, and committee hearing.
The process should allow some flexibility for emergencies, repeated violations, and problems that cannot be corrected after the fact. The goal is to create a fair and consistent process, not a rigid response that treats every situation exactly the same.
If the association intends to use fines or suspensions, it should have an eligible “grievance” or “fining” committee in place before one is needed.
Under Chapters 718 and 720, the board appoints at least three committee members. Members cannot be association officers, directors, or employees. They also cannot be the spouse, parent, child, brother, or sister of an association officer, director, or employee.
The board first levies the proposed fine or suspension; the committee only confirms or rejects it. Without majority committee approval, the penalty cannot be imposed. See §§ 718.303(3)(b) and 720.305(2)(b)-(c), Fla. Stat.
The governing documents should also be reviewed for any additional requirements concerning the committee or the association’s enforcement process.
7. Is the Association Following the Correct Procedure?
Condominium and HOA procedures are similar, but they are not identical.
In both types of communities, the board first levies the proposed fine or suspension. The association must then provide at least 14 days’ written notice and an opportunity for a hearing before the independent committee. The committee decides whether to approve or reject the proposed penalty.
Condominium fines generally cannot exceed $100 per violation or $1,000 in the aggregate and cannot become liens against the unit. An approved fine is payable five days after notice of approval. See § 718.303(3), Fla. Stat.
HOA governing documents may authorize different fine limits; otherwise, the limits are $100 per violation and $1,000 in the aggregate. Fines below $1,000 cannot become liens against the parcel.
HOA law requires a hearing within 90 days after notice issuance. The notice must describe the violation, required correction when applicable, hearing date, location, and electronic participation information. Written findings are due within seven days after the hearing. Payment of an approved fine must be due at least 30 days after delivery of the findings. See § 720.305(2), Fla. Stat.
Both laws permit certain suspensions of the right to use common areas or facilities. However, a suspension cannot interfere with access or services protected by the applicable statute.
Finally, review the governing documents for any additional procedures the association must follow. Compliance with the statute may not be the end of the inquiry if the governing documents contain additional requirements.
The Bottom Line
Enforcement need not be complicated, but it should be thoughtful and consistent.
Confirm the facts, identify the restriction, make sure the association has the authority to enforce it, provide a clear path to compliance, and follow the correct procedure before imposing a fine or suspension.
The strongest letter is not always the toughest. It clearly explains the problem, gives the owner or resident a fair chance to comply, and preserves the association’s ability to take the next step if the violation is not corrected.
Nataly Gutierrez Vazquez is a shareholder in Becker’s Miami office and a member of the firm’s nationally recognized Condo, Co-Op & HOA practice. She serves as general and litigation counsel to condominium, cooperative, and homeowners’ associations throughout Florida, providing strategic legal representation that focuses on delivering practical solutions and clear, straightforward guidance.
To read the original FCAP article, please click here.
