At their core, Homeowner Associations are established to maintain the aesthetics, property values, and overall quality of life within a community. They act as governing bodies, creating and enforcing rules and regulations that all residents must abide by.

Your HOA is governed by a Board of Directors, just like any corporation. And so, like any corporation, your HOA has the power and authority (and in some cases, obligation) to: Adopt Rules.

In the State of Florida, three is the  number. No matter the size of your Association, your board must have at least three members, with the number stated in your Articles of Incorporation or Bylaws. Bylaws should also have provisions regarding the manner in which the board can expand.

The county your Association is located in, should have a record of your HOA's governing documents. Our HOA Rules & Regulations are also available on this website.

Homeowners' Associations in Florida can legally enforce the Rules and Regulations established in their governing documents, which can cover a wide range of issues such as the maintenance and upkeep of parcels, architectural guidelines, the standards for landscaping, pet policies, and more.

You might be shocked to learn that, yes, just like a bank, a Homeowner's Association (HOA) can foreclose on a home.

Although a board may propose a rule that changes or modifies the declaration the board will still need to have the owners vote to approve the change and follow the procedures for amending the declaration. The board may not act alone in this regard.

Under Florida law, an HOA may not file its lien unless it first provides the homeowner with a written demand by registered or certified mail, return receipt requested, and by first-class mail, that provides 45 days to pay all amounts due.

Pursuant to Section 718.111(5)(a), Florida Statutes, “The Association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the Association pursuant to the declaration.

In Florida, there is no state law imposing limits on how much an HOA can raise dues each year. The dues allocation process is generally done in conjunction with annual budget planning and is typically put to a board vote; however, it's important to verify specific rules related to dues in your CC&Rs.

HOAs must be transparent with rules and meetings.  HOAs with more than 100 parcels must post all of their rules, convenents, budgets and related documents on their websites by Jan. 1. 

Although it cannot exceed $100, a fine can be levied every day that a violation occurs. Altogether, you can fine residents a max of $1,000 for an ongoing offense. Once a fine has reached $1,000, a lien may be placed against the resident's property.

You can serve on the Board of Directors for a total of  8 years.

HOA/Condo laws in Florida allow HOAs considerable discretion in approving or denying potential buyers and renters. While Associations can apply the screening process to deny buyers and renters, the decision cannot be discriminatory or violate the Fair Housing Act.

For HOAs, the price of rising inflation hit from every direction. The rising cost of materials and labor means maintenance and services HOAs use increased in turn. Home insurance premiums soared as companies became insolvent or pulled out of the state and the frequency of severe hurricanes increased.

The Condominium Act provides that the Association does insure the a/c units for failures caused by an “insurable event” such as a lightning strike, fire, or a hurricane. So, if the a/c unit failed due to normal wear and tear typically the Unit owner is responsible to perform and pay for the repairs.

Florida Statute § 718.111(11)(f) states that the Association is responsible for ensuring the buildings in the community including all windows and sliding glass doors, common areas, and anything for which the unit owner is not responsible under the law.

Any repairs or evaluations related to structural elements are usually the HOA's responsibility.

Because the space in between the walls of separate units are almost always common elements, the Condominium Association is responsible for remedying the infestation and the resulting damage.