Living in a Florida homeowners’ association (HOA) or condominium community can offer many advantages, such as shared amenities, maintained landscaping, and a built-in sense of neighborhood. However, it also comes with various documents and regulations that homeowners are expected to follow. For many, it’s not immediately clear what the differences are between HOA rules, covenants, and bylaws, but each plays a unique role in how your community is managed. Read on and reach out to the seasoned Florida condo & homeowner association attorneys here at Ansbacher Law to learn more. Here are some of the questions you may have:
What Are HOA Covenants, and Why Do They Matter?
Covenants, also known as “declarations” or “restrictive covenants,” are legal documents recorded with the county when a development is first established. These covenants are part of the deed to your property and are legally binding on all current and future owners. They typically cover things like land use restrictions, architectural guidelines, pet policies, and parking limitations. In Florida, these documents are particularly significant because they run with the land, meaning they’re enforceable no matter who owns the property. Unlike rules that can be changed more easily by the board, changing a covenant usually requires a vote by a large percentage of the community’s homeowners and sometimes even a legal recording of amendments.
How Are Bylaws Different from Covenants?
While covenants regulate the behavior of property owners and use of the land, bylaws govern the operations of the association itself. Think of bylaws as the internal operating manual for the HOA or condo board. They outline procedures for electing board members, scheduling meetings, and voting on community matters. They also detail the powers and duties of board members, how assessments are collected, and how decisions are made.
Bylaws don’t typically affect what you can do with your property day-to-day, but they absolutely affect how your association is run and how decisions that impact your community are made. If there’s ever confusion or a dispute about how the board should be operating, it’s usually the bylaws that everyone turns to first.
What Role Do HOA Rules and Regulations Play?
Rules and regulations are the most flexible of the three types of governing documents, and they’re also the most likely to change over time. These are created by the board to address specific issues or needs in the community. For example, an HOA might create a rule about trash can placement, noise levels, or use of common facilities like a clubhouse or pool.
Unlike covenants or bylaws, which often require community-wide votes to amend, rules and regulations can usually be changed by the board at a regular meeting, sometimes with homeowner input, but not always. That said, they must still be reasonable, enforceable, and consistent with the higher-level governing documents.
If you have further questions about how these HOA rules, covenants, or bylaws may affect you, or if you would like to speak with an attorney about your case, please don’t hesitate to contact Ansbacher Law today.
