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

Category Archives: Rules & Regulations

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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

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

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

Association Regulations Can Lose Their Teeth If Not Enforced

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

Question: Our homeowners’ association board and management company do not enforce the restrictions contained in our governing documents. While the association occasionally sends out a letter to an owner advising them of a violation, there is no fining committee and to my knowledge the association has never filed any legal action to enforce our documents…. Continue Reading

Clearly Defining Nuisance Activity in Your Governing Documents Can Help Association Boards Avoid Future Headaches

Posted in Association Documents, Common Areas, Rules & Regulations

(Reposted from The Community Association Law Blog) A nuisance is generally defined as a person, thing or circumstance which causes inconvenience or annoyance. For some people living in shared ownership communities, there is no escaping a nuisance situation that has risen to a level which impacts the enjoyment of their homes and their community. If… Continue Reading

Can a Satellite Dish be Installed on a Condominium Building?

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

Question: I am currently renting a condominium unit that is on the second floor of a four-story building and want to get satellite television. The satellite television provider came out and said that because of the direction of the building, the only way I can get signal is to install the reception dish on the roof… Continue Reading

Can the Association Board of Directors Limit the Amount of Pets on a Property?

Posted in Rules & Regulations, Service Animals/Emotional Support Animals, Uncategorized

Question: If the restrictive covenants of a H.O.A. in Florida allow for “traditional” household pets to be kept (dogs, for instance)—provided that they are not kept for commercial purposes—does the Association Board of Directors have the authority to adopt rules limiting the NUMBER of dogs kept on a particular property? – R.W. Answer: If the… Continue Reading

Can HOA Prevent Flag Pole In My Yard?

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

Question: I live in a community governed by a homeowners’ association and recently asked permission to install a permanent flag pole on my lot. My homeowners’ association denied the request and stated that the documents only permitted the use of portable and removable flags and only allowed the display of the flag on specific dates…. Continue Reading

Is Gambling Legal In A Community Association?

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

Question: We would like to play bingo or have  “50/50” drawings to increase funds for our association’s social committee. Is this legal? M.L. (via e-mail)   Answer: Playing bingo games is lawful as long as the games comply with the law. Section 849.0931(4) of the Florida Statutes specifically allows associations to conduct bingo games. However,… Continue Reading

Can a 55 and Over Community Permit Underage Occupants?

Posted in Covenant Enforcement/Violations, Housing for Older Persons (55 and Over), Reader Q&A, Rules & Regulations

Question: Our documents restrict residents in our community to individuals who are 55 years of age or older. There is a married couple, both of whom are under 55 years of age, that would like to live in our community. We understand that there can be exceptions to the 55 and over requirement as long… Continue Reading