Florida HOA Guidelines

Last updated Jun 26, 2022 | Published on Dec 29, 2012 | Communitiy Updates, Featured

Rules & Regulations Governing Home Owner Associations In Florida

Many homeowners living in a deed restricted neighborhood often find themselves at a loss to understand the rules and regulations which their HOA says are part of their covenants.  Within the articles and links found in this page, you can read through some of the official guidelines and laws governing not only the homeowner responsibilities, but the duties and obligations of those board or committee members as well.

Read the current HOA covenants and restrictions

The restrictions and guidelines which all property owners have to sign when purchasing a property in Florida are the primary governing document.  The Three Meadows Phase III restrictions can be downloaded by selecting this link: Three Meadows Phase III Restrictions.  You can download the appropriate software to view or print this document directly from Adobe at: Adobe Reader Download.

Those Florida residents who live in other deed restricted neighborhoods should have been provided with a copy in their closing documents unless they elected to not pay the nominal charge often applied to closing costs for this service.  If you did not get a copy, you are still entitled to receive the deed restrictions and covenants.  They are one of the documents which all HOA boards are required to maintain and provide to members (homeowners in the association) upon request.  Contact your HOA President or Secretary to get your copy of all deed restrictions and covenants both original and any changes which may have occurred.

The deed restrictions for communities in Florida are legal documents and can be difficult to understand by the average member.  That said, this document is less confusing than the Florida Statutes document included below.  Some slow and deliberate reading will usually explain your responsibility and any restrictions you are obligated to follow.  What the deed restrictions document does not clearly identify is what rights you have as a homeowner.

Understand the responsibilities of your HOA association board members

The difficult part for many individuals living in a managed or restricted community is understanding what the board and committee members are responsible for and what rules or regulations govern their actions.  When you follow procedures and request a change to the appearance of your home, what is the process and what can you do if they deny your request?  There are highly detailed processes in place and governed by Florida statutes.

The current Florida statutes governing HOA associations members, boards and committee members can be viewed, downloaded or printed here: Florida 2012 HOA Statutes.  This document is a very complex legal outline of all responsibilities governing the actions of members and association officials with respect to Florida HOA activities.  While comprehending the details can be daunting, scanning through the topics of particular relevance can often provide some helpful tips.

Note that the homeowner association is not entitled to operate in a vacuum without legal obligations.  Failure to comply with Florida statutes opens the board members to lawsuits from association members and can invalidate previous actions taken.  There is remedy available for homeowners who are affected by the actions of board officials.  Read the current statute regarding dispute resolution at this link: Florida statute for dispute resolution.

The first thing which a member who feels their rights to fair process needs to do is to attempt to remedy by filing a protest or complaint with the board.  Be sure to keep copies of all correspondence for future reference.  When protesting the actions of a particular committee (such as architectural review committee), review not only the recorded deed restrictions, but also the Florida statutes which govern their activities.  Understanding their charter and responsibilities will help you gain a better understanding of what they are supposed to do and what their overall guidelines are.

Whenever dealing with a particular problem encountered, be sure to copy the elected board officials as well.  Keeping the association President, Vice-President and Secretary informed of any dispute can sometimes avoid the need for legal actions.  When official legal action is required, showing a good faith effort can often affect the outcome in your favor as well.

When unable to negotiate a dispute with your HOA

If all reasonable efforts to work with your home owner association officials, realize that you do still have options available.  The first thing to remember is that you must have a clear idea of what covenant or Florida statute the board official(s) have not followed.  You also need to be able to identify how this affects you or your property, and what you want done about it.  If financial remedy is expected, determine an accurate and justifiable basis for your request.

In Florida, the statutes require that mediation be attempted before filing for court intervention.  Within the Florida statutes, you will find an example of the mediation request process and required information.  The statute indicates that the member does not necessarily require an attorney, but that legal representation can often be advantageous.  The cost of mediation is usually shared by the member and the association.

If mediation is unable to resolve your dispute, there are still legal actions which a homeowner can pursue.  Court activities can be costly, and often involve a request by the responder (association officials in this case) for reimbursement of expenses in the event that the court does not rule in your favor.  Legal representation can be a good option to consider if you find yourself at this point.

Some additional sites to consider researching if you find yourself involved in a dispute with your Florida homeowner association include the following:

• Sunshine Laws for Homeowners
• State Statutes Index (for ease of navigation)
• Just Answer (you can solicit an answer from legal professionals for a small cost)

Disclaimers:

1. All information provided in this article is to be considered personal observation and not to be considered legal advice.
2. The author has no legal certification to practice law in the state of Florida and recommends that qualified legal advice is sought before taking actions to resolve disputes.