Panama City Beach, FL asked in Real Estate Law for Florida

Q: Can HOAs in Florida change their rules relative to no longer allowing (or limiting time on property) boats already here?

We bought our property knowing boats were allowed without limitations. We now own a boat and the HOA wants to change the rules. Shouldn't "grandfathering" be allowed so that the rule change doesn't damage owners who already have a boat on property?

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1 Lawyer Answer

A: Grandfathering does not apply to movable objects. HOA documents generally allow the board of directors to adopt "Rules and Regulations" with a board member vote. Generally, the Declaration of Covenants, Conditions and Restrictions require a membership vote, but not always. Whether or not your HOA is properly adopting a rule or amending a restriction is a document specific question which would require a consultation with a lawyer, preferably experienced in HOA law.

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