If you’re part of a homeowners’ association (HOA) board or work with one, you’ve likely run into this question: How long do we have to enforce an Architectural Review Board (ARB) violation? What if a homeowner installed something years ago without approval, can we still issue a fine now?
We recently encountered this exact issue, where two HOA managers (let’s call them CMCA 1 and CMCA 2) disagreed about whether a homeowner could be fined for installing unapproved privacy screening several years ago. The violation wasn’t even noticed until years later!
So, who’s right? Let’s unpack it.
Is There a Time Limit for Enforcing ARB Violations?
Yes, and no. Here’s what you need to know…
Florida law does have a five-year statute of limitations that applies to legal action based on HOA covenants and restrictions. That’s found in Section 95.11(2)(b), Florida Statutes, which basically says that any lawsuit based on a written contract (like your HOA governing documents) must be filed within five years.
So, if your HOA wants to take someone to court to force them to take something down or comply with the rules? You have five years from the time the violation was discovered or should’ve been discovered.
But there’s a twist…
What About Fines? Are They Time-Barred?
Nope! The statute of limitations only applies to lawsuits, not to administrative actions like:
- Issuing fines
- Suspending common area privileges
- Placing liens for unpaid amounts
These internal enforcement options are still on the table, even if the violation is older than five years, because you’re not filing a court action. You’re just enforcing your community rules through your own processes.
That means if a homeowner put up an unapproved structure years ago and you just discovered it, you can still fine them or suspend access to amenities, as long as you follow your governing documents and provide due process.
What Does This Mean for Your HOA?
- Don’t confuse lawsuits with fines. Just because you can’t take them to court doesn’t mean you can’t enforce the rules in other ways.
- Keep good records. Document when you discovered the violation, what steps you took, and all homeowner communications.
- Follow the process. Send proper notice, give the homeowner a chance to be heard, and keep things fair and transparent.
Final Thought
So yes, Florida HOAs can still fine for older ARB violations, even if they can’t go to court over them anymore. Fines, suspension of privileges, and liens are administrative tools—not legal actions—so they’re not bound by the five-year limit under the statute of limitations.
Still unsure what your association should do next? It’s always wise to talk to your HOA attorney before taking enforcement action, especially in borderline cases.
The attorneys at The Orlando Law Group have helped Homeowner Associations throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Last Updated on April 28, 2025 by The Orlando Law Group
