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 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 require you to put house numbers on a house when you have them on the mailbox
NM HOA CCR stating property owners are responsible to confine stock on own property be over ruled by NM open range law
Can an HOA pull a quid pro qou on you in exchage for a request?
Example , if you want a fence remove your excisting ( for 8 years)beautiful shrubs, if you don’t, no fence, if you do you can have your fence
Can HOA enforce arbitrary social distancing such as saying only one person in the mail room?
Can a home owner association deny someone from getting a shed when they are other people in the same community with sheds.
We purchased a new home in an HOA in Lakeland Florida. We were not aware that written into the the HOA AMENDMENTS. Was a 30 year contract for lawn maintenance at $120 a month Per unit. When a new HOA board changed the language of the HOA Amendments. Replacing the management company and the landscaping company. The New HOA was sued for breach of contract. The new HOA lost the lawsuit and is currently appealing the decision. The lawsuit has been dragging on for four years now and has not been settled yet. The previous management company has recently. Sent all Homeowners legal documents threatening to put a lien on our properties. Threatening to foreclose on our properties unless we submit payment of $120 a month for the last four years and going forward.
Ruining our credit scores in the process.
Is this legal in the state of Florida? That homeowners unknowingly enter into our 30 year contract for lawn maintenance with the management company?
What recourse do homeowners have in the state of Florida in a case like this?
HELP!
With Drs letters in hand, asked for an exemption to the 3 in a household rule, to care for parents that have advanced dementia and Alzheimer’s- for my fiancé to help me – they said- put them in a home-
We have 5 lakes in our community we have a row boat in back side of property HOA calls it trash and debris or unsightly. Do we have to move our boat?
We put in an electronic wire and use a special collar on our 11 month puppy. It cost 1700, a house warming gift from my son. We reside in a villa at Arbor Grande. There are many dogs here. They told us tonight that we have to remove the wire and that no dogs are allowed off a leash in the confines of our back yard. Can they make us do this?
Can a inactive HOA limit you from launching a boat that exceeds a HP limit from your subdivision onto a lake that does not have a borough lake management plan. Historically, larger motors have been launched over past 25 years
Can an HOA force you to use one specific contractor if that contractor is charging an excessive amount to perform a simple job?
Mariastanard@yahoo.com
Our lawn service is pricey!!
Leaf clean up in fall???
Rip-off……they don’t use a mulch blade when they cut
Our grass….so they leave .
Pilesofgrassclippings….after
They mow……I raked them!!
Cost would behigher!…if the bag….board says no bagging.
Can a HOA stop a contractor from going to a customers home of called by homeowners
Can an HOA enforce a dog leash rule if it is located in a county that has not adopted one as authorized by state statute
Yes, if it is in the HOA documents.
Can an HOA for a Townhouse community hire a bookkeeper for financials (including collecting HOA fees) along with a board run the property or do they have to have a Property Management Company
I live in Georgia our HOA does not have a color palette in the declaration of covenants or does the board members have one for painting ones door I’ve asked many times for what are the colors that I can choose from I was told to submit an arc request, I did and it was disapproved for no apparent reason, when I asked to appeal the decision I was told there is no appeal process, I went ahead and painted anyway and now I’m being threatened that a court order will be summoned to me if I don’t return the door to its original color within 5 days to me. Are any Georgia laws that protect homeowners? Furthermore, I’m co-owner 50% owner my partner consent to our newly establish HOA D.O.C law without my knowledge with I did not consent to the D.O.C laws. Are there any Georgia laws that protect me from infringing on my right as a Homeowner?
I live in Tampa, Hillsborough County, Florida. Our Commitment prohibits the keeping of poultry on any lot. A few months ago our county passed an ordinance that allows up to five chickens to be kept on any lot in the county which is in conflict with our HOA rule. I thought County ordinances trumped HOA rules. Can anyone tell me which statute allows the HOA to continue this prohibition?
I live in Georgia our HOA does not have a color palette in the declaration of covenants or does the board members have one for painting ones door I’ve asked many times for what are the colors that I can choose from I was told to submit an arc request, I did and it was disapproved for no apparent reason, when I asked to appeal the decision I was told there is no appeal process, I went ahead and painted anyway and now I’m being threatened that a court order will be summoned to me if I don’t return the door to its original color within 5 days. Are any Georgia laws that protect homeowners? Furthermore, I’m co-owner 50% owner my partner consent to our newly establish HOA D.O.C law without my knowledge which I did not consent to the D.O.C laws. Are there any Georgia laws that protect me from infringing on my right as a Homeowner?
HOA and Management company are not enforcing ANY by-laws. What can be done???
I bought a 2-acre lot in the Adirondacks that is part of an HOA. I cleared the lot and built a 12′ x 22′ shed to store my ATV and camping gear. I figured it is better than renting a storage locker. The shed build was permitted by the town and the county.
Now I am being told by the HOA that I am not allowed to use the lot for camping. They went ahead and called the town to falsely accuse me of living in the shed. Which is not true. I spoke to the town zoning officer who said that I am allowed to use the land as I see fit (so long I am not breaking any laws) She also told me there are dozens of camping and hunting sheds throughout the Adirondacks. The Zoning officer told me that as long as I do not live in the shed permanently, that I can use it, and the land as I want. Not to worry. She called the HOA peeps “petty”
The issue I have is that I got an email from the head of the HOA advising me that camping is not allowed in any lots. I read the bylaws, and there is no mention of this “rule” anywhere. The rules actually say you can even use HOA land for camping; which begs the question as to why camping would be allowed in HOA lands, BUT NOT ALLOWED in your own land.
I am planning to build a house in the future. Just not now. My question is: Is the HOA allowed to prevent someone from using their own land for camping?
(Mind you the HOA is in the Adirondacks – one of the largest National Parks in the U.S.)
You state HOA statutes override HOA governing documents. But what if your governing documents do not include “Kaufmann” language? There’s no amended from time to time? Does a substantial change in the statutes to your docs not go against your constitutional rights when you bought into a community with known laws you are to abide by?
I live in Florida and our Home Owners Association Board tells us that it is ilegal to have term limits in our by laws
My Condo association turned my parking space into a handicapped parking space. They did not reassign my space within the same row. What is the law regarding reassigning my parking space? Should they (association) move me 1 space over?
The city of Ft Myers clearly states that building a fence , pool or screen enclosure requires five from the neighboring property line. I live in a villa with a shared common property line. My neighbor built his on the property of our shared back yard right outside my bedroom window. The HOA did not approve this project, his original permits were signed in Charlotte County instead of the City Ft Myers. The project has caused drainage issues. He buried his plumbing in my yard. I have texts and emails with the board of the HOA, the owner and now the city. What are my rights? ,
You are in Lee County, right? Why were permits pulled in Charlotte County?
My HOA President keeps complaining when my handyman is working on our bathroom remodeling past 5pm. Is it obligatory that handyman leaves at 5pm!
I live in AZ. My HOA demands I remove an American Flag known as “The Thin Blue Line Flag.” They claim it is political. Our CC&Rs re: flags only refer to flagpoles (restrictions on height, where can be located, etc.). When something is not specified in our CC&Rs it falls to the AZ statutes re: planned communities. AZ Statute states “….notwithstanding any provision in the CC&Rs, an association shall not prohibit….” the American Flag, POW/MIA Flag, AZ state flag, AZ Indian Nations Flag, and the Gadsden Flag. The statute does not state anything about other flags being displayed. (AZ 33-1808 (A).) The CC&Rs only mention of “signs” is in regard to For Sale signs and the requirement of signage during an improvement project. The AZ Statute re: something “political” only refers to political signs, not flags. (AZ 33-1808 (C).) “….Notwithstanding any provision in the CC&Rs, an association shall not prohibit a political sign…..” “For all purposes of this subsection, a “political sign” means a sign that attempts to influence the outcome of an election…” Do I stand of chance of winning if I push this to an arbitration board??
Does a fining Committee of an HOA need to have Rules and regulations governing their vote on a hearing or the amount of a fine they impose?
There does not seem to be a rule listing the fines to be levied for violations or the number of committee votes that decide an issuer our HOA’s Fining Committee. The By-Laws do not contain any guidelines , nor anything else.
If the county approved a shed on your property does that approval over-ride HOA approval? HOA covenants need updated as they are more than 30 years old.
In Florida does Florida State Law still trump laws/rules in a gated community?
My Florida HOA C&Rs state my pet must be on a leash and kept at all times under the control of the Owner while in our community. My county ordinance under the Animal Control Division states my pet must be on a leash and under control of the owner while “At Large” which is defined as off of my personal property. The Animal Control Division has told me I may have my pet in my back yard on my property. The HOA attorney says the HOA rules are allowed to be “more restrictive” than local laws and I must abide by them. I have believed that the hierarchy of governing law would be Federal, State, County, City…and lastly HOAs. Who is correct here?
Your HOA wins when it comes to the dog on a leash. You have a contract with your community. When you became an owner, you agreed to the HOA rules.
If your backyard is fenced in you do not need to also leash your dog. If your yard is not fenced in then you must keep it on a leash.
Can an HOA require golf carts to be titled, insured, and registered with the HOA if the state doesn’t require the golf carts to be insured through DMV in Florida? Does the state trump this or if its in the governing docs it doesnt matter?
Your question isn’t clear. Vehicles are not insured through a DMV and any type of vehicular registration and titling is done through a DMV. An HOA cannot appoint itself a DMV and force you to title and register any vehicle with them. That is illegal and if that is what they are doing I would report the HOA to the state and the state can press criminal charges against the HOA.
Now, that being said, even though your DMV does not “require” you to title, register, and insure a golf cart, if they allow you to do it voluntarily then the HOA can require you to do so but only via the DMV. They can require you to show proof that you have done so.
Even if the DMV has no provisions (I doubt that) for titling golf carts, the HOA can still require you to insure it. I suggest you more thoroughly research DMV law regarding gold carts operated on an open road. There are very likely different rule regarding electric vs gas-powered carts and true golf carts vs ATVs and UTVs.
I live in an hoa in south florida. My son in law came to visit. He has a 2020 mustang that has a muffler and it is legal. The president of the hoa threatened my daughter and son in law by telling them they cannot visit with that car and she was going to make trouble for us. My son in law doesn’t live here and visits 1-2 weekly in the afternoon.
It sounds to me as though that mustang has a modified exhaust making it excessively loud. ALL HOAs have rules regarding “the quiet enjoyment of one’s property”. If that car is what anyone in the community considers excessively loud and disturbing, then yes, they can prohibit the vehicle because it is a guest of your family and your guests are not allowed to disturb the quiet enjoyment of the community.
If you as the homeowner continue to allow the disturbance the HOA can start fining you.
Now, this next part is important. No HOA president has ANY power to do anything on their own. Everything has to follow the governing documents, bylaws, and rules as established. If that president verbally made threats to cause trouble I would file a civil complaint and even go as far as getting a restraining order against them.
Any action taken by the HOA MUST BE IN WRITING. Verbal warnings and threats have no legal weight. You need to carefully read through the documents and see exactly what rules they have regarding “quiet enjoyment” and vehicles in the community.
Also, this is important, unless the HOA has received an actual complaint about the loudness of that car, NO ACTION can be taken. That president or the board itself, does not have the right to take action against a non-existent complaint. A complaint regarding a violation of “quiet enjoyment” must exist first. Your president sounds like a #karen that needs to be charged with harassment.
My HOA Board wants to amend the Governing Declarations in part to allow them to demand a copy of driver license, etc., for verification of age as this is a 55+ development. My understanding is that the Florida Commission on Human Relations describes for Florida Residents the rules on age verification of 55+ communities, citing the Housing for Older Persons Act of 1995, the law provided for consumer protection.
THE HOPA OF 1995 specifically says that Driver license or other ID like that is okay to demand, BUT THEN IT SAYS “…or other document signed by an adult member of the household asserting that at least one occupant in the unit is 55 years of age or older will satisfy this requirement”—just an assertion that I’m over 55. I’m 65, don’t look younger.
I’m worried that giving them a copy of a driver license is a bad idea per identity theft.
I’m looking to avoid putting myself at risk for that.
Check the existing declarations and bylaws to see what is required to actually amend them. It is highly unlikely that the board alone can take such action. It may require a majority vote by all community members. Find that out first.
Also, take note that under most state laws regarding HOAs. Changes made are typically NOT ALLOWED TO BE RETROACTIVE. That means since you are already an existing resident, they will not be able to require you to provide them proof after the fact. You are likely grandfathered in under the law but check your state laws regarding this matter.
A simple matter around this is to go to a Notary Public with your ID showing your age and bring an Age Attestment Form Letter (you should be able to download a free one from the Internet). Fill in your part, the notary will fill in theirs and notarize it. You now have proof they must legally accept and no one has a copy of your actual ID.
I live in Jupiter Florida in a high-rise on the beach and I just had Low-E energy efficient windows installed. My contractor obtained the necessary permits and the approval letter from the office in my building and now that they have been installed the HOA board says they don’t like the greenish tint. We are not the only unit in the building, there are 4 others that I personally know of that were told they need to change the windows. The window companies are saying they are not responsible as they got the approval from the Association. Windows cost 17,000 and now we may be on the hook for the replacement cost. I’ve been reading that Florida state law says HOA Rules cannot refuse approval of Window Solar Film in Florida it is a Federal right. HOA continues to say the windows must conform with rest of the building. Something is definitely wrong here when we have multiple units approved and then told windows must be removed after approval all at our own expense.
Did the window company provide full details describing the green tint when they or you submitted it for approval? If not, then you are going to have a long expensive fight on your hands. If yes, and they simply didn’t pay attention, that is on them. They cannot reverse an approval after the fact just because they didn’t pay attention.
If the ARC approves the installation of a basketball hoop in its community, does the Florida statute to have a board meeting to discuss and send out a 48 hrs meeting notice
Thank you.
I have had a leaking roof problem in my bedroom for the past 3 years (2020-2023). I have reported this problem to the HOA and management company through emails, phone calls, and pictures, and the issue has never been resolved. I haven’t been able to rent this property because of this situation. I have been paying for 2 mortgages for the past three years because of this problem.
What am I supposed to do? I don’t have money to hire a lawyer, and most of them say that they can’t take cases like this.