Florida homeowners & HOA questions and answers.

Several statutes can apply to a single Florida community, depending on how it is organized — the Homeowners' Association Act, the Condominium Act, the Cooperative Act, and the Not-for-Profit Corporation Act, alongside federal laws like the Fair Housing Act and the FDCPA. We break down each one, with the sections most likely to affect an association, in the full guide.

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Florida associations are governed by a board of directors (or just "board") initially appointed by the declarant (usually the developer) and then elected by homeowners in accordance with the association's declaration of covenants ("declaration").

The board consists of members elected by a plurality of other members, except that elections are not required if there are fewer or an equal number of qualified candidates compared to positions open. Fla. Stat. § 720.306(9). A person delinquent in any fee, fine or other monetary obligation to the association on the last day he or she could be nominated may not seek election, and a sitting director who becomes more than 90 days delinquent is deemed to have abandoned the seat. A person convicted of a felony is ineligible unless his or her civil rights have been restored for at least 5 years as of the date he or she seeks election. Fla. Stat. § 720.306(9)(b).

The board, in turn, appoints officers to carry out the board's duties and powers. Fla. Stat. § 720.303(2). Officers and directors have a fiduciary relationship toward members and must therefore act reasonably within the association's and members' best interests and avoid self-dealing or conflicts of interest, on penalty of removal. Fla. Stat. §§ 720.303(1), 720.3033.

Within 90 days after being elected or appointed to the board, each director must submit a certificate of having satisfactorily completed the educational curriculum administered by a department-approved education provider. Fla. Stat. § 720.3033(1)(a). The certificate is valid for up to 4 years, and the newly-elected-director course must be retaken at least every 4 years. Directors must also complete 4 hours of continuing education annually in an association of fewer than 2,500 parcels, or 8 hours in one of 2,500 parcels or more. A director who does not timely file the educational certificate is suspended from the board until he or she complies. Fla. Stat. § 720.3033(1)(b).

Duties and powers of an HOA's board, granted by the HAA and the community's declaration, include enforcement of covenants, assessment and collection of member fees, maintenance of commons areas, and acting on behalf of the association in legal matters.

The Homeowners' Association Act (HAA) recognizes that Florida associations can exercise all powers granted by the association's governing documents unless expressly restricted by statute. Fla. Stat. § 720.303(1).

An association's corporate structure is governed by its articles of incorporation, a legal document prepared when the association organizes as a corporation. Eligibility criteria and duration of terms for officers and board-members are usually set forth in the declaration, bylaws, or articles of incorporation. Most communities provide for annual terms. See generally, Fla. Stat. § 720.303(2). Community members can obtain a free online copy of the association's articles of incorporation and information about the association's corporate status by visiting the Florida Division of Corporations (Sunbiz) and conducting a search under the association's name here.

Developer control of a community's HOA tapers off according to the percentage of community lots remaining under the developer's control. Members other than the developer are entitled to elect at least a majority of the board on the earlier of several events: three months after 90 percent of the parcels in all phases the association will ultimately operate have been conveyed to members other than the developer; another percentage or event set in the governing documents to satisfy a mortgage-financing requirement; the developer abandoning or deserting its responsibility to maintain and complete the amenities or infrastructure; the developer filing a chapter 7 bankruptcy petition; the developer losing title through foreclosure or a deed in lieu; or a receiver for the developer being appointed and not discharged within 30 days. Fla. Stat. § 720.307(1). The 90-percent count excludes builders, contractors and others who buy a parcel to build improvements for resale. Members other than the developer elect at least one director once 50 percent of the parcels have been conveyed (§ 720.307(2)), and the developer keeps at least one seat as long as it holds for sale in the ordinary course of business at least 5 percent of the parcels (§ 720.307(3)). Note the limit on the whole section: § 720.307(5) makes it inapplicable to an association already in existence on the act's effective date, and to any association, whenever created, in a community covered by an effective development-of-regional-impact order as of that date.

An association's declaration is recorded with the county land records of the county in which the association is located and sets forth the association's restrictions and covenants, the duties and powers of the board and officers, the manner in which association voting and elections occur, the process for calculating and collecting assessments, and any restrictions on the powers of the board or association. Fla. Stat. § 720.303.

Lot owners and any occupants of homes within the association are legally bound to comply with the declaration. Fla. Stat. § 720.305. In the event of non-compliance, the association, acting through the board, can bring an action against the non-compliant member to recover amounts owed to the association or to compel compliance by court order. Fla. Stat. §§ 720.305(1), 720.3085. Individual lot owners may also bring compliance actions against other noncompliant owners.

Association members have a right to vote on certain association matters, including election of board-members and adoption or amendment of covenants. Voting occurs at member meetings, which must be held at least once per year. Fla. Stat. § 720.306(2).

Members may vote in-person or by proxy. Fla. Stat. § 720.306(8). Members may vote in person or by proxy unless the governing documents provide otherwise. A proxy must be dated, must state the date, time and place of the meeting for which it was given, and must be signed. It is effective only for that meeting and automatically expires 90 days after the date of that meeting. Fla. Stat. § 720.306(8)(a). For a vote to occur, a quorum (at least thirty percent of possible voters unless community bylaws allow a lower percentage) must be present. Fla. Stat. § 720.306(1)(a).

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Unless expressly limited by statute or by the governing documents, board members have the general authority to act for the HOA without a member vote regarding matters within the association's powers, as granted by the governing documents or by statute. Fla. Stat. § 720.303(1).

Florida law affords substantial deference to an association's declaration and articles of incorporation in interpreting association powers.

The Homeowners' Association Act (HAA) expressly prevents associations from taking certain actions, such as restricting display of flags. Other actions — such as amendment of an association's declaration, suspension of member rights, or institution of legal proceedings regarding matters in which the amount in controversy exceeds $100,000 — require affirmative approval by a majority or super-majority of members.

All association actions and governing documents must comply with any applicable federal laws, including the Fair Housing Act and the Americans with Disabilities Act of 1990. And, an association's governing documents may further restrict the powers which the board may exercise.

The statutory fiduciary duty of board members and officers requires that they act in good faith, in the best interests of the association and its members, and exercise ordinary prudence in carrying out their powers. Fla. Stat. § 720.3033(1).

Board members are also answerable to homeowners through statutory recall procedures and elections at annual member meetings in accordance with voting procedures set forth in the declaration. Fla. Stat. § 720.303(10).

The HAA does restrict what member information an association may disclose: personal identifying information and medical records are not accessible to other members, and must be redacted before anything is posted to the association's website. Fla. Stat. §§ 720.303(5)(g), 720.303(4)(b)4. Separately, the Florida Consumer Collection Practices Act applies to any person collecting a consumer debt — including the association itself, not only a management company acting as a debt collector — and prohibits disclosing information affecting the debtor's reputation to someone with no legitimate business need, disclosing a known-disputed debt without saying it is disputed, and publishing a list of debtors' names to enforce collection. Fla. Stat. § 559.72(5), (6), (13), (14). The federal Fair Debt Collection Practices Act reaches third-party debt collectors in parallel.

Sensitive identifying information relating to members may be protected by other state and federal laws protecting confidential information. Nine categories of record are expressly not accessible to members, including medical records and personal identifying information. Fla. Stat. § 720.303(5)(g).

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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).

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Florida's Homeowners' Association Act requires amendment of association declarations via member vote. The statutory default is the affirmative vote of two-thirds of all voting interests in the association — not two-thirds of those present at a meeting — unless the governing documents provide otherwise or the law requires otherwise. Fla. Stat. § 720.306(1)(b).

Amendments become effective upon approval and recordation. Fla. Stat. § 720.306(1)(e). Within 30 days after the amendment is recorded, the association must provide copies to the members — or, if members received the proposed text before the vote and it was not changed, a notice identifying the recorded book and page number and offering a free copy on request. Failure to give that notice on time does not affect the validity or enforceability of the amendment. Fla. Stat. § 720.306(1)(b).

Fla. Stat. § 718.110 details the requirements for amending a condominium association's declaration.

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Florida protects the right of disabled members to construct access ramps if medically necessary, as long as the ramp is as unobtrusive as possible, designed to blend in aesthetically as practicable, and reasonably sized. Two conditions come with the right: the owner must submit the plans to the association in advance — the association may make reasonable requests to modify the design for architectural consistency — and must give the association a physician's affidavit attesting to the medical necessity or disability. Fla. Stat. § 720.304(5).

Florida's own Fair Housing Act independently requires associations to make reasonable accommodations in rules, policies, practices and services, and to permit reasonable modifications at the disabled person's expense, where necessary to afford equal opportunity to use and enjoy a dwelling. Fla. Stat. § 760.23(9). Covered multifamily dwellings first occupied after March 13, 1991 must also meet accessible-design requirements. § 760.23(10). And the HAA does expressly require board and member meetings to be held at a location accessible to a physically handicapped person on request. §§ 720.303(2)(a), 720.306(1)(a). The federal Fair Housing Act protects member access in most situations by requiring "reasonable accommodations" to facilitate disabled persons' access to housing.

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Before a purchase contract is signed, Florida law requires sellers to provide to prospective purchasers a "disclosure summary" identifying the association, the current assessment amount and any special assessments, and stating that the property is subject to restrictive covenants, which can be obtained from the county land records office. Fla. Stat. § 720.401(1)(a). If the summary is not delivered before the contract is signed, the buyer may cancel by written notice within 3 days after receiving it or before closing, whichever comes first; that right cannot be waived but ends at closing. § 720.401(1)(b)–(c). This section does not apply to condominium, cooperative, timeshare or mobile-home-park associations. § 720.401(2).

Practically speaking, in most cases home purchasers are provided with a copy of the association's declaration and bylaws prior to or at closing.

Because the declaration is recorded in the county land records, purchasers are also deemed to have "constructive notice" of the covenants at the time of purchase so that there is an "implied covenant" to comply with the community's rules, even if the purchaser does not receive a copy of the declaration and affirmatively agree to the covenants. See, e.g., Whitburn, LLC v. Wells Fargo Bank, N.A., 190 So. 3d 1087, 1091 (Fla. 2d DCA 2015).

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A Florida association must maintain its "official records" and written meeting minutes for all board and member meetings, including notation of each board member's votes (except that votes for election of officers may be conducted by secret ballot). Fla. Stat. § 720.303(3).

An association's official records include its bylaws, articles of incorporation, declaration, rules, names and contact information for all members, all contracts to which the association is a party, and the HOA's financial and accounting records. Fla. Stat. § 720.303(4).

Any contract an association enters into for the provision of services must be in writing, and an association must obtain competitive bids for any contract requiring payment of funds in excess of ten percent of the association's total annual budget including reserves — though nothing requires it to accept the lowest bid. Fla. Stat. § 720.3055. Contracts with association employees, and contracts for attorney, accountant, architect, engineering, landscape architect and community association manager services, are exempt. So are emergency purchases and purchases from a business that is the only source of supply within the county. Fla. Stat. § 720.3055(2).

Official records must be made available for viewing and copying by a requesting member within 10 business days after the member's written request. Fla. Stat. § 720.303(5).

If the association willfully fails to produce records, the member may recover actual damages or minimum damages of $50 per calendar day for up to 10 days — a $500 maximum — beginning on the 11th business day after the written request. Fla. Stat. § 720.303(5)(c). Failure to produce within 10 business days of a request sent by certified mail, return receipt requested, creates a rebuttable presumption of willfulness. § 720.303(5)(b). An association can adopt reasonable rules with regard to the frequency, time, and manner for inspections but cannot require a requesting member to provide a reason for the request and cannot charge a fee if the member uses a portable device (e.g., smartphone) to make his or her own electronic copies. Fla. Stat. § 720.303(5).

Associations must also provide members with a copy of the association's annual budget or notice that a copy is available upon request. Fla. Stat. § 720.303(6).

Within 90 days after the end of the fiscal year (or annually on the date provided in the bylaws), an association must prepare and complete a financial report for the preceding fiscal year. It must then deliver the report, or written notice that a copy is available on request, to each member within 21 days after the report is completed and no later than 120 days after the fiscal year end. Fla. Stat. § 720.303(7).

If a majority of the voting interests present at a properly called meeting approve, the association may substitute a lower level of reporting — for example a report of cash receipts and expenditures in place of an audit — but it may not do so in consecutive fiscal years. Fla. Stat. § 720.303(7)(d). The right runs the other way too: on the petition of 20 percent of parcel owners, the association must hold a member vote within 30 days on raising the level of reporting. § 720.303(7)(c).

Any board meeting and meeting of an architectural review committee, if the development has one, must be open to all members unless the meeting is for the purpose of discussing personnel matters or is with the board's attorney regarding matters protected by the attorney-client privilege. Fla. Stat. § 720.303(2)(a) and (b).

For condominium associations' document maintenance and inspection guidelines please see Fla. Stat. § 718.111(12) and, on the record-keeping side, Florida Administrative Code Rules 61B-22.002 (accounting records must be kept in sufficient detail to determine the revenues and expenses attributable to separate condominiums and to operating and reserve funds) and 61B-22.003(3) (the minutes must reflect adoption of the budget, and copies of the proposed and adopted budgets must be kept as part of the financial records). Note a distinction worth understanding: Rule 61B-22.001(1) defines “accounting records” to include the association's payroll and personnel records and its invoices — but § 718.111(12)(c)5.c. makes personnel records not accessible to unit owners. A record the association must keep is not necessarily a record you may inspect. The inspection right itself comes from the statute, not from the rules.

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Florida associations can only foreclose on assessment liens judicially. That is, an association can file a foreclosure complaint and ask a court to order foreclosure of its lien but cannot foreclose non-judicially like mortgages in some states. Fla. Stat. § 720.3085(1)(c).

If the amount in controversy exceeds $100,000, the board must, before taking legal action, obtain approval by a majority vote occurring at a meeting at which a quorum has been obtained. Fla. Stat. § 720.303(1).

Prior to filing a complaint for foreclosure, an association must provide to the delinquent member notice of intent to foreclose. Fla. Stat. § 720.3085(5). The notice cannot be sent until at least 45 days after the HOA served notice of its intent to file a lien. Id. The notice must identify the amount of delinquency, state the HOA's intent to collect the amount through foreclosure, and provide contact information for an HOA representative. Id.

For condo associations, a foreclosure suit must be filed within one year of the recording of the claim of lien — a period automatically extended for any time a bankruptcy automatic stay prevents filing. Fla. Stat. § 718.116(5)(b). Chapter 720 itself sets no limitations period; it comes from Fla. Stat. § 95.11, which allows five years both for a legal or equitable action on a contract, obligation or liability founded on a written instrument — the declaration of covenants being that instrument — under § 95.11(2)(b), and for an action to foreclose a mortgage under § 95.11(2)(c). Florida's requirement of pre-suit mediation of disputes between members and HOAs is not applicable to actions to collect amounts owed to the association. Fla. Stat. § 720.311(2)(a).

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After being served with a foreclosure complaint, and at any time before entry of a foreclosure judgment, a homeowner may serve and file one "qualifying offer" indicating his or her intent to pay all amounts owed to the association within a period of not more than 60 days. Fla. Stat. § 720.3085(6). The filing of a qualifying offer stays proceedings to permit the homeowner time to satisfy the association's claim. A qualifying offer is unavailable if the property's mortgage is in foreclosure, if the parcel is subject to a notice of tax certificate sale, if the homeowner is a debtor in bankruptcy, or if the trial date is set to begin within thirty days. Only one qualifying offer may be made during the pendency of a foreclosure action. Id.

With regard to foreclosures in general, Florida law permits redemption at any time before the later of two events: the filing of a certificate of sale by the clerk of the court, or the time specified in the judgment, order or decree of foreclosure. Fla. Stat. § 45.0315. The right belongs to the mortgagor and to the holder of any subordinate interest — so an association holding a junior assessment lien may redeem to protect it. Redemption means paying the amount specified in the judgment, or, if no judgment has been rendered, tendering the performance due under the security agreement including any amounts due on acceleration, plus the reasonable expenses of proceeding to foreclosure incurred to the time of tender, including the creditor's reasonable attorney's fees. The section closes flatly: “Otherwise, there is no right of redemption.” Florida has no post-sale statutory redemption period.

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Florida's Homeowners' Association Act does not preclude an association from foreclosing on a home subject to a superior mortgage, but the mortgage lien holds higher priority (and is therefore paid first from sale proceeds) if the mortgage was recorded earlier than the HOA's lien claim. Fla. Stat. § 720.3085(1).

If the mortgage is superior, sale proceeds will be applied to the mortgage debt. If the proceeds are sufficient to pay off the mortgage, the mortgage debt is extinguished. If not, the bank may seek a deficiency judgment against the prior owner. Whether to enter one is within the sound discretion of the court, and for owner-occupied residential property the deficiency may not exceed the difference between the judgment amount and the property's fair market value on the date of sale. Fla. Stat. § 702.06. The deadline is not in § 702.06 but in Fla. Stat. § 95.11(6)(g): an action to enforce a deficiency claim related to a note secured by a mortgage against residential property that is a one-family to four-family dwelling unit must be brought within one year, running from the day after the clerk issues the certificate, or the day after the mortgagee accepts a deed in lieu of foreclosure.

If the HOA's lien has superior priority, sale proceeds are applied to the outstanding amounts secured by the HOA lien, with the balance paid to junior lienholders. The prior owner remains personally obligated for any junior mortgage until it is satisfied and for assessments that come due while he or she owns the property.

If there is enough money to pay the mortgage and the HOA lien, any surplus belongs to the prior owner, and both the mortgage and HOA lien are extinguished. If the foreclosure does not result in a sale because the combined mortgage and past-due assessments exceed the property value, the association can purchase the property for the amount of the assessments — thereby extinguishing the lien. Florida's Homeowners' Association Act expressly authorized associations to purchase properties at foreclosure. Fla. Stat. § 720.3085(1)(f).

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The owner of a parcel is responsible for paying all assessments coming due while he or she is the owner "regardless of how his or her title to property has been acquired." Fla. Stat. § 720.3085(2)(a). No waiver, suspension, or abandonment of the parcel affects that liability. Id. Thus, up until the time that title actually transfers, the owner is legally obligated for all accruing assessments.

Depending on the value of the property compared to the total lien amounts, a purchaser might elect to pay off any delinquent assessments to clear the title to the property. Following a transfer, the new owner is jointly and severally liable with the previous owner for assessments that came due before the transfer — except that where the association itself acquired the parcel by foreclosure or deed in lieu, a buyer from the association is liable only for amounts that accrued before the association took title. Fla. Stat. § 720.3085(2)(b). If a first-mortgage holder acquires title through foreclosure, its liability is limited to the lesser of the prior 12 months' assessments or one percent of the original mortgage debt — but only if the mortgagee sued the parcel owner and initially joined the association as a defendant in its own foreclosure action. If it did not, the cap does not apply and it owes the full amount. Fla. Stat. § 720.3085(2)(c).

If the property sells, the proceeds will be applied toward the assessments (to the extent the sale price is sufficient to pay off any existing mortgage). If assessments are fully paid off from sale proceeds, the former owner will no longer be liable for the assessments because the assessments will have been paid.

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Florida associations have considerable discretion in regulating exterior appearances of structures and improvements as long as the community's declaration grants authority for the type of regulation contemplated (e.g., location, size, type, or appearance). Fla. Stat. § 720.3035(1).

This could potentially include anything from exterior color, fences, lawns and artificial turf, parking, and trash-can placement, to restrictions on above-ground pools. Solar panels are an exception, and Florida is among the stronger solar-access states: a deed restriction, covenant or declaration may not prohibit, or have the effect of prohibiting, solar collectors, clotheslines or other renewable-energy devices from being installed on buildings erected on the lots or parcels it covers, and an architectural committee may only specify roof placement within 45 degrees of due south, and only if that placement does not impair the collectors' operation. Fla. Stat. § 163.04(2). The prevailing party in a suit under that section recovers attorney's fees. § 163.04(3). Note the limits: the protection attaches to devices on buildings, so a ground-mounted array is outside it, and the section does not reach patio railings in condominiums, cooperatives or apartments. § 163.04(4).

Notably, neither the association nor an architectural review committee can further limit homeowner rights preserved in the declaration or enforce any policy inconsistent with what is set forth in the declaration. Fla. Stat. § 720.3035(4) and (5).

Unequal or arbitrary enforcement can be asserted by an owner as a defense to an HOA suit to enforce restrictions. White Egret Condo., Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979).

Florida associations are expressly prohibited from preventing homeowners from implementing "Florida-friendly landscaping" designed to conserve water resources. Fla. Stat. § 720.3075(4)(b).

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Florida law, Fla. Stat. § 720.304(2), provides, in relevant part:

(2)(a) If any covenant, restriction, bylaw, rule, or requirement of an association prohibits a homeowner from displaying flags permitted under this paragraph, the homeowner may still display in a respectful manner up to two of the following portable, removable flags, not larger than 4½ feet by 6 feet: 1. The United States flag. 2. The official flag of the State of Florida. 3. A flag that represents the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard. 4. A POW-MIA flag. 5. A first responder flag. A first responder flag may incorporate the design of any other flag permitted under this paragraph to form a combined flag. [The subsection then defines “first responder flag” by reference to law enforcement officers, firefighters, paramedics and emergency medical technicians, correctional officers, 911 public safety telecommunicators, and certain nurses and medical personnel.]

(b) Regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, a homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner's real property as long as the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole one official United States flag, not larger than 4½ feet by 6 feet, and may additionally display one other flag permitted under paragraph (a). Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.

(c) This subsection applies to all community development districts and homeowners' associations, regardless of whether such homeowners' associations are authorized to impose assessments that may become a lien on the parcel.

Furthermore, Fla. Stat. § 720.3075(3), provides that:

(3) Homeowners' association documents, including declarations of covenants, articles of incorporation, or bylaws, may not preclude: (a) The display of up to two portable, removable flags as described in s. 720.304(2)(a) by property owners. However, all flags must be displayed in a respectful manner consistent with the requirements for the United States flag under 36 U.S.C. chapter 10.

[Subsection (3) continues, and association documents may also not preclude: (b) the types or fuel sources of energy production supplied by listed utilities; (c) the use of an appliance, including a stove or grill, using those fuel sources; (d) a property owner, tenant, guest or invitee parking a personal vehicle including a pickup truck in the owner's driveway, or a non-commercial work vehicle in that driveway regardless of insignia; (e) a property owner hiring a contractor or worker solely because that contractor is not on the association's preferred-vendor list or has no professional or occupational licence; and (f) operating a non-commercial vehicle in conformance with state traffic laws.]

Therefore, homeowners have the right to display one portable U.S. flag in a respectful manner in compliance with Title 36, U.S.C., Chapter 10. Along with the U.S. flag, Florida law also protects HOA members' respectful display of the state flag of Florida, the flags of each branch of the armed services including the Space Force, the POW/MIA flag, and a first responder flag.

Florida law protects flags up to 4½ by 6 feet and overrides any contrary covenant, rule or bylaw — it contains no time, place and manner allowance for the flags themselves. Only a flagpole erected under § 720.304(2)(b) is subject to building codes, zoning setbacks, other governmental regulations, and the setback and locational criteria in the governing documents. (The time-place-manner qualifier belongs to the federal Freedom to Display the American Flag Act, described below.)

In addition, the federal Freedom to Display the American Flag Act of 2005 (Pub. L. 109–243, 120 Stat. 572, enacted July 24, 2006) forbids homeowners associations from banning display of the American flag.

However, the law states that an association may limit the time, place, and manner in which the flag is displayed, as long as the limitation promotes a substantial interest of the association.

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In general, Florida law does not prohibit associations from imposing rental restrictions, so a "good faith" restriction promoting a substantial interest of the association and enforced in a non-arbitrary manner will probably be upheld.

However, a board cannot unilaterally impose a restriction; it must be authorized by the association's declaration, or by a validly adopted amendment thereof.

An association must provide at least 14 days' written notice to all members prior to any meeting at which use restrictions (including rental restrictions) are considered. Fla. Stat. § 720.303(2)(c)(2).

In associations with 15 or fewer members, the board can only enforce restrictions against a lot owner which were in place at the time the owner purchased his or her lot. Fla. Stat. § 720.303(1).

In an HOA, a governing document or amendment enacted after July 1, 2021 that prohibits or regulates rental agreements applies only to an owner who consents, or who takes title after its effective date. The exception: amendments restricting rentals of less than 6 months, or limiting rentals to three times a calendar year, bind all owners. Fla. Stat. § 720.306(1)(h). In condo associations, amendments restricting rental rights are likewise only effective against owners who consented to the amendment or purchased their units after it became effective. Fla. Stat. § 718.110(13).

The Florida Homeowners' Association Act does not restrict an HOA's ability to screen prospective tenants, if permitted by the governing documents. However, the federal and Florida Fair Housing Acts' anti-discrimination rules make tenant screening a potentially risky pursuit for associations. 42 U.S.C. § 3604(a).

Even if a screening policy is not intended to discriminate based upon any prohibited factor, if the policy results in a "disparate impact" on a protected class, it may violate the Fair Housing Act and/or Florida law. Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015).

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It's usually best to try to resolve problems with an association by talking things out or using the association's democratic processes, as set forth in the declaration.

Under Florida law, members of an HOA have a right to attend board meetings and to be heard with regard to any matter on the meeting's agenda. Fla. Stat. § 720.303(2)(b). If at least twenty percent of a community's members petition the board with regard to an issue, the board must place the item on the agenda of its next regular board meeting or a special board meeting, no later than 60 days after receipt of the petition. Each member may speak at least 3 minutes on the petitioned item if he or she signs the sign-up sheet or submits a written request beforehand. Other than addressing the item at the meeting, the board is not obligated to take any action the petition requests. Fla. Stat. § 720.303(2)(d).

If a board member is abusing power or acting unfairly, members can try to elect someone else for the next term or attempt to recall the board member under Fla. Stat. § 720.303(10), if warranted. Alternatively, members can organize other homeowners in a campaign to limit the board's power by amending covenants.

It's generally a good idea to keep records of any written communications with the association and to take and preserve contemporary notes of any verbal communications. In the event of future retaliation, thorough records can help demonstrate when an association has acted arbitrarily or capriciously.

If non-judicial remedies are unsuccessful or don't address complaints, it's important to remember that an association itself is not the final arbiter of disputes between it and its members.

If necessary, a homeowner can bring a suit against an association in the circuit court of the county in which the development is located. Fla. Stat. § 720.305. Importantly, though, a defined list of disputes must undergo pre-suit mediation before a complaint is filed: use of or changes to a parcel or the common areas and other covenant-enforcement disputes, amendments to the association documents, board and committee meetings, membership meetings other than election meetings, and access to the official records. Fla. Stat. § 720.311(2)(a). It does not apply to the collection of assessments, fines or other financial obligations, and election and recall disputes are not eligible for it at all — those must be arbitrated by the department or filed in court. § 720.311(1).

Florida's Homeowners' Association Act expressly protects homeowners against SLAPP (Strategic Lawsuits Against Public Participation) filed to deter members from appearing before governmental entities on matters relating to the association. Fla. Stat. § 720.304(4).

The anti-SLAPP provision gives an owner a right to expeditious resolution and lets a court treble the owner's actual damages — a discretionary award, and only where the suit was brought without merit and solely because the owner exercised the right to instruct representatives or to petition a governmental entity. The court shall award the prevailing party reasonable attorney's fees and costs. Fla. Stat. § 720.304(4)(b)–(c). Id.

An HOA is authorized to defend suits arising from its failure to meet its obligations. Except in cases involving willful non-compliance, intentional torts, or fraudulent conduct, the association itself — rather than individual officers or board members — is the proper defendant. Fla. Stat. §§ 720.303, 720.305.

In cases involving boards that fail to fill vacant positions, members can petition the circuit court for appointment of a receiver. Fla. Stat. § 720.3053.

A suit against an association can seek money damages incurred by a homeowner as a result of the association's failure to perform its duties or "injunctive relief" — a court order compelling the association to perform duties or enforce covenants.

Condominium owners can get assistance and information by contacting the Office of the Condominium Ombudsman.

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Associations are allowed to suspend common area and facility privileges of non-compliant members, except that the suspension cannot affect utility access, ingress and egress, or parking rights. Fla. Stat. § 720.305(2)(a).

Suspensions cannot become effective until the association provides the member at least 14 days' notice of the proposed suspension and the opportunity to be heard by a committee; however, if non-compliance results from failure to pay assessments or other amounts due to the HOA, no hearing is necessary, and the suspension cannot take effect until the member is more than 90 days delinquent. Fla. Stat. § 720.305(2) and (3).

Voting rights may likewise be suspended, with no hearing necessary, if a member is more than 90 days delinquent. Fla. Stat. § 720.305(4). Suspended voting interests are subtracted from the total when calculating any required percentage or number of voting interests. Both delinquency suspensions must be approved at a properly noticed board meeting, after which the board must send the owner written notice by mail or hand delivery. Fla. Stat. § 720.305(5). A suspension for a non-monetary violation instead runs through the 14-day notice and the three-member hearing committee, whose majority vote is what confirms or rejects it. § 720.305(2)(b)–(c).

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Yes. HOA members are authorized to file suit against HOAs — or against other members — for failure to comply with the association's governing documents or with the HAA. Fla. Stat. § 720.305(1).

Members can also file suit against a willfully non-compliant board member or officer in his or her individual capacity. Id. If successful, a prevailing homeowner can recover his or her attorney's fees and the portion of assessments representing the homeowner's pro rata share of the litigation costs the association expended in defending the suit. Id.

In some cases, members can also bring suit against the association or other members under the common law — whether for negligence or a breach of covenants.

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While it's possible for litigation to be conducted amicably, in the vast majority of cases, that's not what happens. Instead, you get hard feelings, tons of stress, and big legal fees. So, if at all possible, it's usually best to try to resolve disputes informally.

Sometimes, simple polite communication is all it takes. Before sending a formal letter from an attorney demanding that the board enforce a certain covenant, an owner might instead just talk to a board member or raise the issue at a member meeting. Florida's Homeowners' Association Act specifically grants members the right to be heard at meetings — at least 3 minutes on any designated agenda item. Fla. Stat. §§ 720.303(2)(b), 720.306(6). Or, if there's a disagreement over whether a planned home renovation does or does not comply with the community's covenants, the owner and the board might try informally negotiating a compromise that satisfies all parties.

In requiring pre-suit dispute resolution, the Florida legislature recognizes that negotiated agreements are quite often better, quicker, and cheaper than litigation. Fla. Stat. § 720.311.

Prior to filing suit, an aggrieved party serves a written mediation notice on the other party via certified mail. The notice describes the nature of the claim and proposes potential mediators. The other party then has twenty days to respond, and they jointly have 90 days to schedule the mediation session.

Mediation is confidential, and anything disclosed at mediation is inadmissible and cannot be considered by a judge in a future civil action, except in a proceeding to impose sanctions for failure to attend a presuit mediation session, or to enforce a mediated settlement agreement. Costs are split 50/50 between the parties, and a party who refuses to mediate is barred from recovering attorney's fees and costs in a later case.

In many situations, having a knowledgeable, neutral third party provide an informed opinion is enough to convince an otherwise obstinate board member or homeowner to reassess a contentious position.

If mediation is unsuccessful, the parties may file the unresolved dispute in court or, if all parties agree, elect binding or nonbinding arbitration. If all parties do not agree to arbitration, any party may file in court. Fla. Stat. § 720.311(2)(c). If you need a mediator, you can visit the American Arbitration Association — Mediation Section for a mediator referral.

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