Can You Still Fine A Homeowner For An Old Arb Violation? Let’s Talk Statute Of Limitations In Florida HOAs

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:

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