While the majority of proposed HOA regulations become valid simply because they are recorded with the relevant authorities, there are certain types of covenants or regulations that wind up unenforceable because they either do not comply with Florida (or federal) law, or because they were deficient in procedure. These rules are the ones mandating things like payment of rent, keeping noise levels to a minimum, and cleaning up pet waste outside your home. However, HOAs will also often have a set of less “official” rules, which until recently did not have to be recorded (though the relevant law was amended recently to mandate that rules and regulations do now have to be recorded with the county). For example, the bylaws will govern issues like how the board is elected and how board meetings are conducted, while the CC&Rs govern specifics like the approved colors one may paint their home.įor an individual HOA, both the CC&Rs and the bylaws must be recorded with the county where the association is located, and both are legally binding. In general, the CC&Rs cover the broad regulations, such as what one can and cannot do on one’s own parcel, while the bylaws are more narrowly focused and more centered on procedures. HOAs generally have both covenants (fully referred to as conditions, covenants & restrictions, or CC&Rs) and bylaws, both of which must be enforceable and valid under state and federal law. While homeowners can bring these to their HOA’s attention, it is generally the responsibility of the board to ensure that the bylaws and covenants are both valid and enforceable. Most HOAs enjoy a high level of cooperation from their residents, but sometimes, rules are suggested and enacted that cannot, as written, be successfully enforced. Homeowners’ associations (HOAs) are organizations of people who agree to be bound by a set of rules governing both the properties and their residents. Tampa Real Estate Lawyer > Blog > HOA Condo Association > Unenforceable HOA Rules In Florida Unenforceable HOA Rules In Florida
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