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!
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?
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
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? ,
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?