![]() ![]() Florida law imposes a fiduciary duty on board members which requires them to act in the best interests of the community, and failure to consistently enforce rules and regulations is not upholding that duty. It is important for board members in particular to be aware that even otherwise valid and enforceable covenants can be rendered unenforceable if the enforcement is inconsistent. ![]() For example, a restrictive covenant banning people of color from the HOA would be unenforceable because it is against both state and federal law, but a covenant banning a certain age group from one’s HOA is generally enforceable if drafted appropriately. While the majority of proposed HOA regulations become valid simply because they are recorded with the relevant authorities, there are certain types of covenants or regulations that wind up unenforceable because they either do not comply with Florida (or federal) law, or because they were deficient in procedure. These rules are the ones mandating things like payment of rent, keeping noise levels to a minimum, and cleaning up pet waste outside your home. However, HOAs will also often have a set of less “official” rules, which until recently did not have to be recorded (though the relevant law was amended recently to mandate that rules and regulations do now have to be recorded with the county). For example, the bylaws will govern issues like how the board is elected and how board meetings are conducted, while the CC&Rs govern specifics like the approved colors one may paint their home.įor an individual HOA, both the CC&Rs and the bylaws must be recorded with the county where the association is located, and both are legally binding. In general, the CC&Rs cover the broad regulations, such as what one can and cannot do on one’s own parcel, while the bylaws are more narrowly focused and more centered on procedures. ![]() HOAs generally have both covenants (fully referred to as conditions, covenants & restrictions, or CC&Rs) and bylaws, both of which must be enforceable and valid under state and federal law. While homeowners can bring these to their HOA’s attention, it is generally the responsibility of the board to ensure that the bylaws and covenants are both valid and enforceable. Most HOAs enjoy a high level of cooperation from their residents, but sometimes, rules are suggested and enacted that cannot, as written, be successfully enforced. Homeowners’ associations (HOAs) are organizations of people who agree to be bound by a set of rules governing both the properties and their residents. The Guerra | Days Law Group and its team of highly knowledgeable attorneys has the experience you need to represent you if your HOA has taken legal or improper action against you.Tampa Real Estate Lawyer > Blog > HOA Condo Association > Unenforceable HOA Rules In Florida Unenforceable HOA Rules In Florida Texas has made significant changes in the law to defend homeowners from wrongfully paying an HOA’s attorneys fees. In order for an HOA to be able to charge a homeowner with its attorneys fees, there are very particular laws that an HOA must follow. These specialists can and will push the boundaries of what they can get away with including forcing improper attorneys fees on homeowners. All HOA’s have legal teams that handle these matters on a daily basis. In the event this situation occurs to you, it’s important to not deal with the HOA alone. Furthermore, the HOA can seek to foreclose your property with or without judicial intervention. The HOA can then record the lien in the county property records and place a cloud on the title of the property making it difficult to sell. When a homeowner fails to pay assessments, a lien is automatically placed by the HOA onto the offenders home. If you find yourself behind in assessments or unpaid fines, HOAs will not hesitate to use aggressive measures to seek repayment. ![]()
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