Can Condo and HOA fines become liens?

For condominiums, the statutes is clear: “A fine may not become a lien against a unit.” Fla. Stat. § 718.303(3).  Before 2010, the section of the Florida statutes that dealt with HOA fines similarly read “A fine shall not become a lien against a parcel.” Fla. Stat. § 720.305(2).  However, in 2010 the legislature changed that language to read “A fine of less than $1,000 may not become a lien against a parcel.”

This amendment to the statute failed to specify the procedures for recording and foreclosing the lien, but presumably they would follow the same procedures for assessment liens in Fla. Stat. § 720.3085.  Once the lien is foreclosed upon, the lien would merge with the association’s deed.

Not all fines can become liens.  The statute limits fines to $100 per violation.  If the fine  is for a continuing violation, the association can levy a fine of up to $100 per day, but the fine cannot exceed $1000 in the aggregate unless the declaration allows. Fla. Stat. § 720.305(2). So only continuing violations that reach the $1000 limit can become liens.