Florida Violation Fines & Liens

I understand FL Statute has been revised to now allow liening of violation fines. However, can someone please help me to fully understand this?

From the Florida Statute 720.305 (2):

"... A fine may be levied for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents..."

Our Doc's say:

"A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing. Fines in the aggregate are not capped to any amount."

How does this work? Let's say a homeowner has 3 violations per our doc's - weeds in garden, trees need to be trimmed and oil stains are in the driveway. We send violation letters that include all 3 violations and get non-compliance from the homeowner. It goes to hearing and the violations committee approves to fine the property.

1) Can the HOA continue to fine $100/day with no cap?

2) Can the HOA fine $100/day PER violation? Since there are 3 violations, three $100/day fines would be running concurrently.

3) When the fine(s) reach $1,000, the HOA can file a lien. Can we continue to fine after filing the lien?

Thanks

"except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents..."

I would think that they can charge more only if their documents stated a higher amount but since they list no specific amount, $1,000 would be the cap. That is not to say they may not try to squeeze more out of you.

You don't need to amend your documents - very hard to do if you require a 2/3 majority like many documents have. All you have to do is make a rule at a properly noticed board meeting that is ok'd by a majority of the board members. Put the new rule on your agenda for that meeting. You don't even have to give written notice to the owners as this is a rule for common area use not parcel use. Florida Statute 720.303 (2) Board Meetings (c) 2 says you must only give written notice for amendments to rules for parcel use.