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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Covenant Enforcement/Violations

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Delinquent Owners not Eligible for the Board of Directors in Florida Condominiums & HOAs

Posted in Board Eligibility, Elections, Suspensions, Fines & Remedies

Question: I live in a homeowners’ association and recently submitted my intent to run for the board. However, my name was not included on the ballot that was mailed out to all of the owners. When I asked the association about it, the association said I was not eligible because I had an unpaid $100.00… Continue Reading

Fining Procedures Confound Condominium & Cooperative Boards in Florida

Posted in Association Documents, Governing Documents, Reader Q&A, Rules & Regulations, Suspensions, Fines & Remedies, Uncategorized

Question: Our association tried to fine an owner who violated our rules, but decided the process was too complicated. Can you provide a step-by-step outline of how fines are issued and collected? (M.G. by e-mail) Answer: Fines can be imposed against condominium and cooperative unit owners, occupants, licensees and invitees. The law for homeowners’ associations… Continue Reading

Florida HOA Board Must Follow Correct Rule Procedures

Posted in Association Documents, Governing Documents, Rules & Regulations

Question: Our homeowners’ association documents say that the board can adopt rules, but don’t spell out how to do it. What procedures that must be followed? Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members? (R.L. by e-mail) Answer:… Continue Reading

Condominium Board Cannot Wink at House Cats

Posted in Association Documents, Housing for Older Persons (55 and Over), Pets, Rules & Regulations

Question: Our association has a “no pet” policy, going back to the developer’s original bylaws. The board has generally enforced it, but has let a few elderly owners keep “indoor cats,” since they really do not bother anyone. My neighbor recently purchased a large dog which barks constantly, keeping me awake at night. I filed… Continue Reading

Florida Condominium and HOA Fining Laws are Slightly Different

Posted in Covenant Enforcement/Violations, Legislation, Suspensions, Fines & Remedies, Uncategorized

Question: There seems to have been a lot of change in the law about fining. Has the legislature finally made the condominium statute and the homeowners’ association statute the same on this issue? (C.M. by e-Mail) Answer: More or less. The legislature is getting closer to making the statutes identical, but there are still a… Continue Reading

Owners Must Follow Procedure to Petition the HOA Board for Agenda Items

Posted in Association Documents, Governing Documents, Rules & Regulations, Voting

Question: I live in a homeowners association and have e-mailed our board president a number of times concerning items that I feel should be discussed by our board. While the president has politely acknowledged my e-mails, none of my suggested topics have been brought up. Does the board at least have to consider my issues?… Continue Reading

Are Florida HOAs Permitted to Host “Penny-Ante” Games of Chance?

Posted in Common Areas, Rules & Regulations

Question: I’ve heard that homeowners associations are permitted to permit “penny-ante” types of card games on common property, but don’t know what exactly is considered gambling and what’s permitted under the law. (J.M. by e-mail) Answer: Section 840.08 of the Florida Statutes defines gambling to include “any game of cards, keno, roulette, faro or other… Continue Reading

Association Has Several Options to Enforce HOA Documents

Posted in Association Documents, Covenant Enforcement/Violations, Rules & Regulations, Suspensions, Fines & Remedies

Question: The governing documents for our homeowners’ association contain a number of restrictions and rules. However, they do not contain any instructions on what happens if an owner fails to comply with the documents. If an owner is not obeying the documents, what does the homeowners’ association do? (D.H by e-mail) Answer: The association has… Continue Reading

Hurricane Shutters and Florida Condominiums

Posted in Hurricane/Disaster Issues, Insurance, Rules & Regulations

Question: I am preparing to return to my northern home for the summer and intend to deploy the hurricane shutters on my condominium unit. However, the association is advising me that I cannot deploy my hurricane shutters unless there is a storm warning. Is this permissible? (B.M. via e-mail) Answer: Since hurricane season began on… Continue Reading

HOA and Condominium Association Boards Must Keep Documents Current

Posted in Association Documents, Covenant Enforcement/Violations, Official Records

Question: Our condominium documents are more than 30 years old. From what I understand, the association membership must take action at some point to make certain that the documents are not extinguished, but I think we might have missed the deadline. Is that the case?  If so, does that mean that our declaration of condominium… Continue Reading

What is an arbitration decision?

Posted in Arbitration & Court Rulings, Covenant Enforcement/Violations, Reader Q&A

Question: I’m new to the board of my condominium association. I was just copied on a lengthy opinion letter from the association attorney. There are several references to various court decisions. There are also references to arbitration decisions. What is an arbitration decision?  A.Z. (via e-mail) Answer: Since 1992, all condominium “disputes” (as that term… Continue Reading

Can a Condominium Board Take Away Delinquent Owners’ Rights to Common Areas?

Posted in Covenant Enforcement/Violations, Reader Q&A, Suspensions, Fines & Remedies

Question: Our condominium association has a number of owners who are delinquent. We have reviewed various collection options, including liens and foreclosure. I understand that there are other actions the association can take including taking away use rights in the condominium property. How can we take away an owner’s right to use the property?  If… Continue Reading

Service Dog Handlers in Florida Condominium Associations

Posted in Covenant Enforcement/Violations, Reader Q&A, Rules & Regulations, Service Animals/Emotional Support Animals

Question: We recently received an application from a prospective tenant who is a “service dog handler”. He trains dogs for disabled people. Our condominium documents prohibit tenants from keeping pets. Must we allow him to keep and train dogs while living in the community? N.M. (via e-mail) Answer: Disabled individuals are afforded certain rights and… Continue Reading

Condominium Associations May Prohibit Campaign Posters in Common Areas

Posted in Covenant Enforcement/Violations, Elections, Reader Q&A, Rules & Regulations

Question: I am a candidate for the board of my condominium association. I made some campaign posters which I posted in the community center to announce my candidacy and to introduce myself to the owners. The association told me that I had to remove the posters. As a candidate for the board of my condominium… Continue Reading

Can your Board of Directors Ban Guns in Your Community? – Part II

Posted in Rules & Regulations, Safety and security

This post originally appeared in The Community Association Law Blog. In Part I of my blog post on guns in community associations, we discussed the fact that the U.S. Supreme Court ruling in the case of District of Columbia v. Heller, 554 U.S. 570 (2008) categorized gun ownership inside a home as a fundamental right… Continue Reading

Grilling on the Balcony: What is Permissible in Florida Condominiums?

Posted in Covenant Enforcement/Violations, Reader Q&A, Rules & Regulations

Question: My unit has a screened balcony (some people call it a “lanai”). I understand that I cannot use a gas grill out there, but I enjoy using my electric grill when the weather is nice. The association recently published an article in our monthly newsletter that stated that we are no longer allowed to… Continue Reading

Can a Florida HOA Ban Political Yard Signs?

Posted in Covenant Enforcement/Violations, Reader Q&A, Rules & Regulations

Question: With the presidential elections on the horizon, our homeowners’ association board has been discussing political signs in yards. There are two members of the board that want to ban all political signs, while the other members of the board think that such a ban would be a violation of the owner’s First Amendment rights…. Continue Reading

No Regulation of HOAs by DBPR this Legislative Session in Florida

Posted in Covenant Enforcement/Violations, Developer Obligations, Official Records

Yesterday, the Senate Regulated Industries Committee failed to approve SB 1122, Relating to Homeowners’ Associations. The bill would have required all homeowners’ associations to pay $2.00 per parcel for the purpose of authorizing the Department of Business and Professional Regulation to regulate the HOA. The bill would have also required mandatory binding arbitration of certain… Continue Reading

Can Florida Condo & HOA Owners Organize Political Rallies On Community Property?

Posted in Common Areas, Reader Q&A, Rules & Regulations

Question: I live in a condominium association with politically active residents. One of our unit owners has asked to host a political event at the association’s clubhouse. I fear this event could attract a large public audience and be a burden to our residents. Can our association disapprove the event? J.S. (via e-mail) Answer: The… Continue Reading

Can your Board of Directors Ban Guns in Your Community?

Posted in Rules & Regulations, Safety and security

This post originally appeared in The Community Association Law Blog. PART I: Florida lawmakers are considering several gun proposals in the 2016 Session. One bill would allow people with concealed-weapons licenses to carry guns on college and university campuses while another would allow individuals with those concealed-weapons licenses to openly and visibly carry those firearms…. Continue Reading

New Bills Impacting Homeowners’ Associations Filed for 2016 Legislative Session

Posted in Assessment Collection, CALL Alert, Covenant Enforcement/Violations, Legislation, Official Records, Rules & Regulations, Suspensions, Fines & Remedies

HB 7031, Relating to the Marketable Record Title Act (MRTA) has been filed by the House Civil Justice Subcommittee.  Specifically, the bill provides that covenants and restrictions of homeowners’ associations will not expire because of MRTA. This will save HOAs thousands of dollars by not having to “preserve” their covenants and restrictions or “revitalize” them… Continue Reading