HOA Authority

Where do HOAs get their Authority?

A Florida association’s authority is primarily derived from its declaration of covenants, articles of incorporation, bylaws, and the Homeowners’ Association Act or Condominium Act. The declaration is essentially a contract between all members of a community under which homeowners agree to comply with certain covenants and restrictions and pay assessments for maintenance of commons areas. By purchasing a home within an association community, the homeowner is deemed to have accepted the terms and obligations of the declaration. An association, though, does not have authority beyond the powers granted by its declaration or by statute. Highland Lakes Property Owners Association, Inc. v. Schlack, 724 So.2d 621 (Fla.App. 5 Dist. 1998).