How Do HOAs Enforce Association Rules?
Homeowners’ associations (HOAs) are common in Florida, and provide several advantages to property owners, including landscaping and maintenance, amenities, and rules to regulate potentially offensive conduct. However, an HOA is only as peaceful as its rules and regulations, and whether or not it has the authority to enforce them. If you are a member of an HOA, it may be a good idea to enlist an attorney to determine exactly how to enforce rules without running afoul of the law.
Boards Of Directors Have A Hard Job
An HOA is created as a private legal entity, required to be a corporation under Florida law, with the mission to enact and enforce rules for the homeowners who have chosen to live there. They are usually created by the developer of a subdivision as it is being built, and then handed over to the residents when construction and setup is complete. They can be created after the fact, but this is less common simply because one must jump through many different hoops, so to speak, in order to officially establish the legal entity.
HOAs are governed by conditions, covenants, and restrictions (CC&Rs or CCRs), created during the establishment of the association, and it is the HOA’s mission to enforce them. However, there are other rules which can also control – bylaws govern the association’s internal workings, and the articles of incorporation also have provisions that must be obeyed. A community association’s board of directors must ensure that they can enforce all the rules and preserve authority without losing the respect of the association’s residents.
A Proportional Response Is Best
If the HOA board of directors has sufficient authority to enforce the association’s laws, they must determine how best to enforce them – that is, find a way that is appropriate and proportional. In many situations, a polite letter from the association may clear matters up, but too many times, an HOA will jump to more punitive solutions without trying more nuanced dispute resolution tactics.
The most common method of enforcing HOA rules in Florida is fines, which can be levied against actions of the homeowner, a member of their family, or guests on the property. In other words, if a guest commits an HOA violation, the homeowner is not off the proverbial hook. However, the fines must be “reasonable” – the law sets out limits above which an association may not levy fines, and it also specifies the point at which the association can enforce the lien it has on a parcel.
Contact A Tampa Community Association Attorney
Homeowners’ associations are generally simple entities that must perform complex tasks. If you have questions about the power and authority of yours, consulting a Tampa community association attorney may be a good idea. The Seward Law Office is ready to assist you – contact the office today at 813-252-6789 to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2024/0720.303
