Orlando, FL asked in Real Estate Law, Business Law, Civil Litigation and Civil Rights for Florida

Q: Can a HOA or Management Group enforce rules that were never amended on the property By-Laws?

Good afternoon,

I live in a property with homeowners association and the management group. The homeowners association is trying to enforce parking rules that according to them Became new rules in 2016. I looked at the Declaration of condominium on the Miami Dade County recorders official site. The bylaws for this condo were established in 1979 and have three amendments the newest amendment is from 1988, none of these amendments reference to this “parking rule” There are No further amendments to the bylaws beyond that date. There doesn’t seem to be a record of a homeowner vote on these “new rules”. The original bylaws require did any amendments to the rules and regulations of the condominium be announced, voted and pass with a majority 51% then recorded with the County, announced, and given to each owner, within 10 days. Can the HOA enforce rules that are not recorded on the bylaws?

Thank you.

2 Lawyer Answers
Griffin Klema
Griffin Klema
Answered
  • Tampa, FL
  • Licensed in Florida

A: If your reading of the declaration or bylaws is correct, then perhaps the Board is attempting to enforce a rule that cannot be properly enforced. However, I would strongly recommend you have a lawyer look over your particular case, since often times condos and HOAs empower their boards to pass rules by vote of the board (not by majority of the members). Bylaw amendments and changed to the declaration usually do require membership votes, but rules often do not. Regardless, there should be some document that specifies how rules can be made and enforced, and if your reading of those documents is accurate, then you may be right. I recommend speaking to an experienced real estate lawyer on this topic since fines for non-compliance can lead to losing your home! Good luck!

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Civil Rights Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: If you are a member of the condo association you should ask the association for a copy of the minutes of the 2016 meeting where the new rules were promulgated and approved by the BOD. The records may also contain the new rule itself, which should recite the authority the BOD claimed as allowing them to promulgate the rule. The authority used should be published in the by-laws.

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