homeowners association and the board of directors has threatened to fine me because they say I am not following all of the rules.

Q: I live in a homeowners association and the board of directors has threatened to fine me because they say I am not following all of the rules. They also told me that if I do not pay the fine they will place a lien against my home. Are they able to do this? — If your homeowners association's governing documents so provide, the association can levy a fine against you for violations of the association's rules, and other provisions of the governing documents. You cannot be fined for a failure to pay assessments or other charges. The association can also suspend your right to use common areas and facilities.
A: In 2004, Chapter 720, Florida Statutes, which governs homeowners associations, was amended to provide that a fine cannot become a lien. However, the association can seek to collect a properly levied fine by filing a lawsuit. Such lawsuits are typically "small claims" lawsuits, and whoever wins the lawsuit is entitled to collect their reasonable attorneys fees and costs from the losing party.In anticipation of legal action to collect a fine, associations should be careful to properly follow statutory requirements, as well as any requirements contained in their governing documents, in order to properly levy a fine. Chapter 720, Florida Statutes, states that a fine may not be imposed without notice of at least 14 days to the person sought to be fined and an opportunity for a hearing before a committee of at least three members appointed by the board. The members of the fining committee cannot be officers, directors, or employees of the association, nor can they be the spouse, parent, child, brother, or sister of an officer, director, or employee. If the fining committee, by majority vote, does not approve of a proposed fine, the fine may not be imposed.The homeowners association's governing documents should also be consulted because sometimes there are additional requirements imposed by them to properly levy a fine.