What Authority Does a Florida Condo Board Have?
Florida condominium boards are granted authority under Chapter 718, Florida Statutes, to manage and operate the association, enforce the governing documents, levy assessments, and maintain common elements. This authority is not unlimited. Boards must act within the scope of the declaration, bylaws, and Florida law, and their decisions must be made in good faith and in the best interests of the community. When a board exceeds its legal authority or fails to follow required procedures, its actions may be challenged by unit owners.
What Rights Do Condo Unit Owners Have?
Unit owners retain substantial legal rights, including the right to use their units, inspect official association records, receive proper notice of enforcement actions, and participate in association governance. Owners are also entitled to due process before fines, suspensions, or other penalties are imposed. Many disputes arise when owners believe a board has acted arbitrarily, selectively enforced rules, or ignored statutory protections provided under Florida law.
When Board vs. Owner Disputes Commonly Arise
Board versus owner conflicts most often involve rule enforcement, fines and suspensions, access to official association records, maintenance responsibilities, and assessments. While courts may defer to board decisions under the business judgment rule, that protection applies only when boards act within their authority and follow proper procedures. Owners may successfully challenge board actions that violate governing documents, statutory requirements, or fundamental fairness.
Need Legal Guidance for a Board or Owner Dispute?
Get clarity before a disagreement escalates. Whether you are a board member seeking to enforce rules properly or a unit owner questioning a board decision, experienced legal guidance can help protect your rights and reduce risk.
Dania S. Fernandez & Associates, P.A. represents condominium associations, board members, and unit owners throughout Florida.
Schedule a ConsultationFrequently Asked Questions
Can a condo board override a unit owner’s objections?
Yes, but only when the board’s actions are authorized by Florida law and the governing documents, and when proper procedures are followed. Unauthorized or arbitrary decisions may be challenged.
Can a condo board fine a unit owner without a hearing?
No. Florida law generally requires written notice and an opportunity for a hearing before a fine or suspension becomes effective.
What association records can a condo owner inspect?
Unit owners are entitled to inspect most official association records, subject to limited statutory exceptions. Failure to provide access may result in statutory penalties.
Can a unit owner sue a condo board?
Yes. Unit owners may pursue legal action when a board exceeds its authority, violates the governing documents, or fails to comply with Florida law.
When should a condo board or unit owner contact an attorney?
An attorney should be consulted early when a dispute involves enforcement authority, fines, assessments, or access to records to prevent escalation and limit liability.
