HOA fines are one of the most contested aspects of community living. Homeowners complain about disproportionate fines; boards argue they need enforcement teeth. The legal question is: does your state limit how much an HOA can fine? The answer matters enormously — in states without fine caps, fines can accumulate to tens of thousands of dollars for a single violation.
States with Statutory Fine Caps
| State | Fine Cap | Statute |
|---|---|---|
| Arizona | $100/day per violation | A.R.S. § 33-1803 |
| Texas | $200/day; $5,000 total per violation | Prop. Code § 202.004 |
| Nevada | $100/day per violation | NRS 116.31031 |
| Colorado | No cap by statute (common interest communities) | CCIOA § 38-33.3 |
| California | No cap by statute | Civ. Code § 5850 (requires schedule) |
| Florida | No cap by statute | Fla. Stat. § 720.305 (requires fining committee) |
| Virginia | No cap by statute | Code of Virginia § 55.1-1819 |
| North Carolina | No cap by statute | NCGS § 47F-3-107.1 |
What "No Cap" Means in Practice
In states without a statutory fine cap, the CC&Rs and fine schedule govern the maximum fine. Most well-drafted CC&Rs include a fine schedule with per-violation and cumulative caps. In states without either statutory or CC&R caps, courts can — and have — struck down disproportionate fines as unconscionable or as liquidated damages exceeding actual damages.
California: Fine Schedule Required, No Dollar Cap
California does not set a maximum fine dollar amount, but Davis-Stirling (Civ. Code § 5850) requires every association to adopt and distribute a schedule of monetary penalties before imposing any fine. A board cannot impose a fine not listed in the schedule. The schedule must be distributed to all members annually. This provides transparency even without a cap.
Florida: No Cap, But Fining Committee Required
Florida has no fine cap, but Chapter 720 requires that all fines over $1,000 be approved by a fining committee (separate from the board). Fines cannot exceed $100/day per violation under most Florida association documents, though the statute allows higher amounts if the governing documents expressly authorize them.
Best Practice for All Boards Regardless of State
- Adopt a written fine schedule — distribute it annually to all owners
- Set per-violation per-day maximums AND cumulative maximums in the schedule
- Apply the schedule consistently — selective enforcement creates liability
- Ensure fines are proportionate to the violation and actual damages
- In states with caps (AZ, TX, NV): never exceed the statutory maximum
- In states without caps: document the rationale for fine amounts
Disclaimer: Fine cap laws change frequently. This guide reflects 2026 law. Consult a licensed attorney in your state before adopting or enforcing a fine schedule.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →