FINING FOR SPEEDING?

An Opinion By Jan Bergemann

Published August 12, 2025

According to two State Supreme Courts – VIRGINIA and RHODE ISLAND – fining by association is a violation of the US Constitution. But can state law override the US Constitution?

Here in Florida FS 720.305(2) allows homeowners’ associations to levy fines that may not exceed $100 per violation, but may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents.

And don’t forget, these fines can be used to foreclose on the owners’ property if the fines are left unpaid.

We have seen in past years homeowners’ associations trying to fine owners for speeding, but these attempts failed, mostly because of problems with the technology used for determining “SPEEDING”.

Now some homeowners’ associations are trying it again, this time using more sophisticated technology.

But here is the problem in this case: A first violation – speeding by 10 miles over speed limit – already creates fines of $ 125, while higher speeds are fined with $200 – and that’s on a “first” violation. These amounts clearly overstep the amounts allowed by FS 720.305(2), but it seems that laws in this country are only good if they serve the purpose of the entity using it.

Laws in these cases are in my opinion pretty clear, but will these homeowners’ associations again get away with violating these laws – or will it just be another money-maker for association attorneys?

Homeowners’ associations, often run by inexperienced board members cheered on by community association managers and association attorneys, are gaining more and more power over the property owners, who actually end up living in a dictatorship regulating their lives and finances. Is that really what families are looking for when pursuing the “AMERICAN DREAM” – owning a home?

HOA or Big Brother? Suncoast neighborhoods use controversial technology to fine speeders