What to know about Florida HOA rules

Clear rules help keep homeowners association (HOA) communities running smoothly, but understanding how these rules work can sometimes feel overwhelming. Whether you’re a board member responsible for setting and maintaining policies or a homeowner looking for clarity, it’s important to know how HOA rules shape daily life in your community.

In Florida, where HOAs are common, rules often cover everything from property appearance and parking to short-term rentals and amenity use. The most effective approach balances community needs with legal compliance. Below, we’ll break down what you need to know about HOA rules in Florida, including common regulations, enforcement processes, and how residents can get involved.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications or their decisions or actions prior to proceeding.
 

What are HOA rules in Florida?

HOA rules are the policies and procedures that HOAs adopt to manage everyday life in a shared community. When you purchase a home in an HOA community, you agree to follow these rules, which typically address property use and modifications, amenity access, parking regulations, pet rules, and policy enforcement.

In broad terms, HOA rules help shape a safe and welcoming environment within the community. When boards take a thoughtful, transparent approach to rule-making, they build trust and create a more engaged community.
 

Examples of Florida HOA rules

• Appearance: Many associations require approval before residents repaint their home’s exterior, change roofing materials, or add structures like sheds or fences.
   
• Landscaping: Rules might dictate what types of plants, shrubs, or trees are allowed, along with guidelines for mowing frequency or seasonal decorations.
   
• Parking restrictions: To address tight parking or preserve curb appeal, an HOA might limit street parking, regulate overnight vehicle storage, or require permits for guest vehicles. Boats and RVs are often restricted or directed to designated areas.
   
• Short-term rentals and leasing: Because Florida attracts tourists in warmer seasons, some HOAs set rules on minimum lease terms, guest background checks, or rental frequency.
   
• Amenity use: Associations often outline who can access common facilities like pools, clubhouses, or fitness rooms, and at what times. They may limit the number of guests each resident can bring, specify quiet hours, or clarify rules about hosting private events.
   
• Pet policies: Guidelines may address how many pets a resident can have, whether larger dog breeds are permitted, and how pets must be leashed in common areas. These guidelines must comply with fair housing laws, particularly for residents who need service animals or emotional support animals.
   
• Neighborhood etiquette: HOAs sometimes set quiet hours in the evening or discourage noise at early hours on weekends.
   
• Trash disposal: Rules may specify when and where trash can be placed for pickup. Some add schedules for bulky item collection or require owners to arrange for special disposal of large household goods.

“FirstService Residential can also help guide the board revise existing community guidelines and policies to conform to new laws,” said Danny Ellis, president at FirstService Residential. “When a new member comes on board, they may not understand what considerations may impact new rules. That’s why involving your legal counsel and management company is so important.”
 

Do you have to follow Florida HOA rules?

Yes, if you live in an HOA community, these rules are legally binding. Even if a rule is unpopular, homeowners are required to follow it until the board formally amends or removes it.

That said, Florida law allows homeowners to participate in the rule-making process. Attending board meetings, engaging in discussions, and providing feedback during revision periods can help shape community policies. Additionally, if state laws change, HOAs may need to update their rules accordingly. If a rule conflicts with local, state, or federal laws, or with the community’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), residents should raise these concerns with the board. In some cases, homeowners can request exceptions, particularly for medical or disability-related needs under fair housing laws. However, boards cannot grant exemptions arbitrarily.

“Great association policies require a proactive and well-intentioned board, thoughtful communications, and consistent enforcement,” said Ellis. “Without these key ingredients, you may put your association at risk of a poor reputation or even legal troubles.”
 

Penalties for violating HOA rules

If a homeowner violates HOA rules, the board typically follows a structured enforcement process:

1. Notice of violation: Before imposing any fine, the board typically sends a written notice explaining which rule was violated, outlining consequences, and giving the resident a chance to address the issue.
    
2. Fines: HOA fines in Florida can't be handed out without due process. The board must give at least 14 days' written notice to the parcel owner, sent to their official mailing or email address on file. This notice must outline the violation, how to fix it (if applicable), and details about a hearing. Hearings must happen within 90 days of the notice and be conducted by a neutral committee of at least three people who aren't tied to the board or its employees. These hearings can be held in person, over the phone, or online, and parcel owners have the right to attend by phone or electronically. In Florida, HOA fines are also limited to $100 per violation, or $1,000 total if daily fines are levied.
    
3. Suspension of privileges: Some boards reserve the right to suspend access to shared amenities, like pools or fitness centers, for repeated violations. Again, Florida law sets guidelines for notice and hearing procedures before privileges can be revoked.
    
4. Legal action: In more serious cases, such as unpaid assessments or repeated major violations, the HOA may file a lien against the property.

Where to find your HOA rules

Knowing where to find your HOA’s rules is the first step to understanding your responsibilities as a homeowner or board member. These rules are outlined in official community documents that every resident should have access to.

The most comprehensive source of HOA rules is the governing documents, which include the CC&Rs, bylaws, and rules and regulations. The CC&Rs outline property use restrictions, maintenance obligations, and common area guidelines. Bylaws detail board operations, voting procedures, and meeting protocols, while rules and regulations cover day-to-day policies like parking, amenity access, and pet restrictions.

Many Florida HOAs also maintain a website or online resident portal where governing documents, meeting minutes, and community policies are posted. If your HOA is professionally managed, your property management company can provide copies of community rules and help clarify any policies. Through FirstService Residential Connect™, residents can easily download association documents like CC&Rs, bylaws, and rules, plus pay their association fees, manage their accounts, and submit maintenance requests.

Keeping up with evolving regulations and enforcing rules fairly can feel like a daunting task for HOA board members. FirstService Residential’s experienced property management professionals help boards draft, refine, and enforce fair HOA policies that align with Florida laws and incorporate resident feedback.

If your board needs support navigating rule updates or compliance, contact us today to learn how we can help simplify HOA community management.