A guide to unenforceable HOA rules in Florida

Homeowners associations (HOAs) can help communities thrive by maintaining shared spaces, upholding architectural standards, and protecting property values. However, their authority is shaped by state and federal laws, which set clear guidelines on what rules can be enforced. In Florida, Chapter 720 of the Florida Statutes outlines an HOA’s responsibilities and limitations.

For board members, understanding these legal boundaries helps create effective and enforceable rules. For homeowners, having a clear picture of how rules are structured promotes transparency and a better working relationship with the association. In this guide, we’ll explore potentially unenforceable HOA rules in Florida and how board members and residents can work together to support a well-run community.

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.
 

Key laws governing Florida HOA rules and regulations

Florida HOAs are governed by Chapter 720 of the Florida Statutes, which establishes procedures for creating and enforcing rules, conducting board meetings, and managing community finances and disputes. Nearly all HOAs in Florida are organized as nonprofit corporations, which means they also fall under the Florida Nonprofit Corporation Act. These statutes outline formalities such as record-keeping, board member responsibilities, and mandatory notice requirements.

Florida law also sets limits on how and when associations can impose fines. Under Chapter 720.305, an HOA must provide written notice of a violation and offer the homeowner a hearing before an impartial committee. Daily fines typically cannot exceed $100 per violation, with a cumulative cap of $1,000 for a continuing violation, unless the governing documents allow otherwise. Fines that reach $1,000 or more may become a lien against the property, but only if the HOA’s governing documents permit it and the homeowner was properly notified of this possibility.

Additionally, HOA rules must comply with fair housing laws which protect homeowners from discrimination. Local ordinances may introduce additional regulations on noise, property upkeep, and land use, factors that associations should consider when shaping their own policies.
 

Examples of unenforceable HOA rules in Florida

HOAs have the authority to create and enforce rules, but there are limits. Here are some examples of rules that might be deemed unenforceable:

• Rules that conflict with state or federal law: HOA rules must align with Florida Statutes, federal laws, and local ordinances. Regulations that attempt to override legal protections may not be enforceable.
   
• Discriminatory rules: An HOA cannot enforce rules that discriminate based on race, religion, disability, familial status, or other protected categories. Fair housing laws prohibit rules that treat homeowners unfairly based on these characteristics.
   
• Informal rules: HOAs must follow all formalities in their governing documents and in Chapter 720 when adopting new regulations. If proper notice isn’t given or a required membership vote is bypassed, the resulting rules may be invalid.
   
• Subjective or unclear rules: Rules without specific criteria for compliance and a clearly defined consequence for violations can be challenging to enforce consistently. When enforcement is vague or subjective, it increases the risk of disputes and makes it more difficult for the HOA to uphold its authority.

Examples of enforceable HOA rules in Florida

When drafted correctly and applied consistently, HOA rules can help maintain community standards and protect property values. Below are examples of rules that may be enforceable in Florida:

• Reasonable maintenance: Rules requiring owners to keep their property in good condition are typically enforceable if they don’t exceed the association’s scope and are applied equally.
   
• Rental and leasing standards: Some HOAs choose to regulate short-term rentals by setting a minimum lease period or requiring prospective tenants to undergo background checks. These rules are often enforceable, provided they do not conflict with local ordinances or discriminate against protected classes.
   
• Architectural guidelines: Associations may require an architectural review for property modifications, provided these guidelines are clear, non-discriminatory, and consistently upheld. For instance, setting specific paint colors, fencing materials, or roofing standards may be valid if owners know exactly what is permissible and the process for seeking approval.
   
• Amenity use: HOAs may develop reasonable policies for common-area facilities, such as swimming pools, fitness centers, and clubhouses. For example, setting capacity limits, operating hours, or guest restrictions is acceptable as long as these rules apply fairly to all residents.
   
• Safety standards: Measures aligned with fire safety codes, pool safety regulations, or other recognized standards that protect community well-being.
   
• Parking restrictions: HOAs typically have authority over private roads and common-area parking, and clear rules about where and how vehicles may be parked are often enforceable.
   
• Pet regulations: HOAs may be able to impose reasonable pet restrictions, such as limiting the number of pets per household or requiring leashes in common areas. However, these restrictions cannot infringe on the rights of homeowners with service or assistance animals protected under federal and state laws.

What happens if an HOA doesn’t enforce its rules

When an HOA does not consistently enforce its rules, it weakens the association’s ability to uphold rules in the future. If some violations are addressed while others are ignored, homeowners may see enforcement as unfair or selective. If a rule is not applied consistently, it is more likely to be challenged and less likely to hold up in court.

Beyond legal risks, inconsistent enforcement can also impact the overall appeal of the community. Homeowners rely on their association to maintain shared standards, and if key regulations such as maintenance obligations go unenforced, property values and neighborhood desirability may suffer.
 

How to create enforceable HOA rules for your Florida community

To be enforceable, HOA rules should align with the association’s governing documents, comply with state and federal laws, follow the proper approval process, and be written in a way that is easy to understand and apply consistently. Boards should always consult their association attorney and property management company when creating or modifying HOA rules.

At FirstService Residential, we partner with HOA boards to create thoughtful, legally sound policies that support their community’s long-term success. If your association is reviewing or updating its rules, our team is here to help. Contact us today to learn more.