Laws, bylaws, CC&Rs, rules and regulations, supplementary declarations, general resolutions…What’s the deal with all these guidelines?
It can be confusing at the best of times to try and understand your HOA or condo association declarations. And then there are the city, county, state and federal laws to adhere to as well. You may be caught wondering if you need to be a community law attorney just to live in an HOA?
Yes, it can feel overwhelming to keep track of the rules and regulations of your community sometimes, especially when little (read: HUGE) things like pandemics come sweeping through and there are new guidelines coming through every couple weeks.
We want to make the confusion a little clearer and give you some definitive answers to questions like can HOA rules override state law?
Let’s start with that first question. The simple answer is NO. HOA rules cannot override state law. To further understand why, we’ll take you through the hierarchy of HOA laws.
Just as the country’s laws are designed with an ordered hierarchy (the Constitution trumps federal laws; federal laws trump state laws and so on), there is an order of priority for community association documents. It can vary state by state, but here is Florida’s hierarchy.
1. Florida state laws
2. Declaration of covenants
3. Articles of incorporation
4. Bylaws
5. Rules and regulations
Within this simple hierarchy is essentially everything you need to know about the order of legal operations. If, for instance, two parties are arguing over an issue and can point to specific language in different documents that validates their position, the issue is resolved by the legal hierarchy.
And just to absolutely clear on state law vs. community law. If there is any conflict in community association documents with Florida law, Florida law (unless the law states otherwise) will always prevail.
With this knowledge can come a lot of questions. Well, we have answers. You can scan our full library of free resources and utilize our blog to dive deeper into the subject.
Oftentimes, HOAs and condo associations find that they need to amend their governing documents to clarify certain rules or comply with state law. We can readily provide this service for your association.
We’re here to help you understand community law and create the best system for your community.
We offer legal assistance in all matters of condominium association law, homeowners and community association law, real estate litigations and transactions, residential and commercial closings, and insurance law.
We pride ourselves of our level of commitment to our clients. We love what we do, and we do it with utmost care and professionalism.
Can HOA charge more than florida state. Example HOA board charge $500 and state says no more than $250. for first time buying
I had an attorney look over my CNR and bylaws he said a lot of the documents that should have been filed are missing and it’s a mess. He says they are not a real HOA if the HOA refuses to seek legal council to look over our rules what can I do? Small HOA of 21 homes.
My condo, which I just bought, gets flooded because the upstairs unit has a crack between the sliding door and patio. When it storms the output flow is not sufficient and the water comes down. HOA claims not their problem. Called insurance they’re looking into it, but if it’s no fixed it’s going to continue. What to do?
Our HOA does not allow parked commercial vehicles in our driveway,however they said originally we can park on the street because it was city property.Now this month they said we cannot park anywhere in the community.Can you provide any advice on how to proceed?
I appreciate your Help
In my state of NC, the State recognizes interlocking patio pavers as permeable, NCDEQ Stormwater Design Manual. However, my HOA Board is refusing to allow residents to install permeable patio pavers. They have decided not to recognize the pavers as permeable. Can an HOA override state law?
Declaration states “The owner of the of which the parcel shall have the right of ingress and egress during normal working hours 8am-5pm Monday thru Saturday for purpose of maintainence and or repairs of walls and roof of his dwelling which are along said parcel. ” We have zero lot lines I use 12′ of my property and 3 ‘ of the neighbor’s, I have a pool and the HOA states I must take the self latching lock off that required by FL Statute 515 and leave the gate open. The perimeter fence around my house is the barrier to prevent a child accident death in my pool. I gladly open the gate when they wanted to paint the house every day but now the HOA states no latch on my fence. I refuse there is children right across the street
I live in Miami-Dade County in a condo. I was told that in Miami Dade County you can rent your rooms short term like 1-3 days, or 1 week however, our Condominium association by-laws state that there are no short-term rentals of any kind. You can only do a 1-year lease. so, my question is does county real estate law overrule our association by law? I was told that the by-laws are what counts.
After Hurricane Ian our HOA required a certified mold test for every unit. For health and safety reasons, I am seeking to review the physical technical data in 3 mold tests for the appurtenant units in my building. They are presently in the custody of our HOA. FL718 states these inspection records should be available upon request by an association member. HOA claims NO according to their community rules. Which is correct?
chief49829@gmail.com
I am a new, (as of Jan 2023)board member. We email on issues.
As recent as yesterday, our management emailed to inform on recommendation, from a attorney,that notification be issued to property owner concerning deliquency, in particular, initiationg legal process on the delinquency. The emailed response from the board
President and the other board member was: yes, move forward.
I did not give support to the decision. I informed them, my feelings. In that this is, in my opinion, approval on this legal process is considered official board business, and forbidden by FL Statute:720 etc, forbidding official board business action, in essence, voting via email. I had quite the pushback. This issue has also previously happened with request via e-mailto approve a contract for lawncare services. Your thoughts.
Our HOA BOD is having a vote to initiate litigation. Our Declaration states 2/3 voting right required but they cite Fl SS 720 which is 50% plus 1 voting rights. Does state law supercede our Declaration for litigation? We have been told their attorney states it does.
I have the same question.
In general, if the state statute or law allows a homeowner to do something, like have a well on their property can the HOA in their CCR’s say no well can be dug on the owner’s property. I have submitted the request via an HOA ARC paid the fee for the review was denied twice, told that the HOA would not allow the well because of the CCR’s say not wells. Submitted a request for variation, exception or variance but the HOA administrator said that I could come to a BOD meeting and present the request to them, if they vote no, then that was the final answer on the request. I provided them with the state law and statutes on the subject but that did not seem to move them to allow the well. I also had the request reviewed by the County Water Management Board, no issues from them on the request.
I live in a single residence home and my mortgage company makes me escrow my flood insurance but my community HOA forces us to have a master policy that we have to pay to them, so I end up paying for my insurance twice every year. My mortgage company won’t stop collecting because they say it’s federal law and my hoa won’t stop collecting because it’s in their bylaws and they say it’s legally binding. Do the HOA bylaws supersede the federal law?
Hoa refuses to provide me with an atomized list, did not addressed my concerns and keeps sending violations letters with no other letter. Bullied,talked to like I am nothing. Have emails to proof. Can they behave like criminals and get away with it?I told them my rights and they are yet to comply with my request
I live in a condo assn with an upcoming election. 2 people o the board have been appointed, 1 to fill a position that is up for election this Feb the other in Feb of 2025. My question is state statute says 718.112 (d) 9. “Unless otherwise provided in the bylaws, a board member appointed or elected under this section shall fill the vacancy for the unexpired term of the seat being filled.” while our bylaws state “Vacancies in the board may be filled until the date of the next annual meeting by the remaining directors.
Our board and mgmt co are saying the person filling the spot until 2025 can stay and does not have to run until 2025.
Could you please clarify?
Thank you
I submitted a request to my subdivision HOA ARC to put in an irrigation well. There were no bylaws or covenants at that time regarding wells. They came up with 23 prerequisites for putting in a well, some of which conflict with the rules that the state agency for regulating wells has in place. Florida laws explicitly states that no other government agency can regulate wells. They want a twice yearly report on the aquifer condition from a certified hydrogeologist. They want an inspection report when the well is completed even though SWFWMD randomly inspects wells and only about 20% get inspected. There is only a completion report from the well driller.
Federal law does not override State law. The Federal Government was created by the States and delegated to carry out a few functions and is therefore a lower entity than a State. All power is reserved to the States. We need States attorneys general to sue the Federal Government to stop their overreach into areas they have not be granted authority. Please fix your post.