Homeowners’ associations (HOAs) play a vital role in preserving property values and maintaining order within planned communities and condominium developments. However, when rules are ignored or openly violated, it can create friction among neighbors and disrupt the peace. Many residents and board members wonder what legal steps an HOA can take to enforce its covenants and restrictions. Read on and reach out to a seasoned Florida condo & HOA lawyer from Ansbacher Law to learn more. Here are some of the questions you may have:
What Are Covenants and Who Must Follow Them?
Covenants, Conditions, and Restrictions (CC&Rs) are the rules governing the use of property within an HOA or condominium association. These rules are outlined in the association’s governing documents, which typically include the declaration, bylaws, and rules and regulations. When someone purchases property in a community governed by an HOA, they automatically agree to abide by these rules. That agreement is not optional, and it applies to homeowners, tenants, and even guests.
Common covenants may regulate architectural standards, noise levels, lawn care, parking, and pet ownership. The goal is not to control every aspect of someone’s lifestyle but to create uniformity, fairness, and predictability for all residents.
How Can an HOA Begin Enforcing Its Covenants?
When a rule violation occurs, HOAs are generally required to follow specific steps before taking legal action. Florida law outlines a structured process, and any deviation from it could undermine enforcement efforts. Most associations begin by issuing a written notice to the homeowner. This notice should clearly explain the nature of the violation, refer to the relevant rule or covenant, and give the owner a reasonable opportunity to correct the issue.
If the violation persists, the HOA may impose fines. Under Florida Statute 720.305, an HOA can levy a fine of up to $100 per violation, or $1,000 in the aggregate, following a proper hearing before an impartial committee. If fines and written notices fail to resolve the matter, the HOA may then pursue legal remedies.
This might include filing a lawsuit for injunctive relief, which is essentially a court order requiring the homeowner to comply with the rules. In more extreme cases, particularly when financial obligations like dues or assessments are involved, the HOA may also place a lien on the property or even initiate foreclosure proceedings.
Are There Legal Limits on HOA Enforcement Powers?
Yes, there are. Florida law requires HOAs to act reasonably and in good faith when enforcing their covenants. Selective enforcement, harassment, or discrimination can open the association to legal liability. Additionally, all enforcement actions must be consistent with the governing documents and applicable state statutes.
It’s also important to note that HOAs must follow their own internal procedures. Failing to provide proper notice or skipping a required hearing can result in any fines or penalties being overturned in court. This is why both homeowners and association boards often turn to experienced legal counsel when disputes arise.
If you have additional questions or would like to speak with an attorney from Ansbacher Law about your case, simply contact us today.