HOA & Condo Association Law

Florida law prohibits a condominium association from making any material alteration or substantial addition to common elements unless the declaration specifies an approval procedure — or, if the declaration is silent, 75 percent of the total voting interests of the association must approve the change before it begins. See Section 718.113(2)(a), Fla....

Florida law permits a homeowners’ association to impose fines and suspend common-area use privileges only after following a mandatory multi-step procedure. See Section 720.305(2), Fla. Stat. The process requires at least 14 days’ written notice, a hearing before an independent committee of at least three qualified association members, and a majority vote...

Under Florida law, a person who acquires title to a condominium unit — including by purchase at a foreclosure sale — is jointly and severally liable with the prior owner for all unpaid assessments that accrued before the transfer. See Section 718.116(1)(a), Fla. Stat. The main statutory cap on pre‑transfer assessments applies...

Homeowners association fees have become one of the largest recurring costs of owning property in Southwest Florida. For many buyers and longtime residents, monthly dues now compete with other major items in the household budget. Knowing what these fees cover, and where owners hold rights, matters more than it used to.

The...

Florida HOA board members owe a fiduciary duty to the homeowners they serve under Section 720.303(1), Fla. Stat., which incorporates the director standards of Section 617.0830. When a director engages in self-dealing — awarding contracts, approving payments, or directing association resources to entities in which the director has a financial interest —...

Section 718.111(11)(j)1., Florida Statutes, adds an important protection in owner-fault scenarios by stating that when an owner becomes responsible for certain repair costs because of their own conduct or that of related occupants, that responsibility does not, by itself, take away the insurer’s ability to pursue recovery from parties who caused the...

Florida HOAs and condominium associations may have unauthorized vehicles towed from their property under Section 715.07(2), Florida Statutes, but that authority depends on substantial compliance with the statute’s requirements, including signage, storage‑site distance, law‑enforcement notification, and owner‑reclaim rules. If an association or towing company fails to follow key statutory conditions—like having properly...

A Florida homeowners’ association may deny an emotional support animal request only under narrow circumstances: the resident does not have a qualifying disability or disability-related need, the specific animal poses an unmitigable direct threat to the safety or health of others or to property, or the resident fails to provide reliable supporting...

A material alteration in a Florida condominium is a change to the common elements that palpably and appreciably affects their form, appearance, use, or function — more than ordinary upkeep or a simple like‑for‑like replacement. Under Section 718.113(2)(a), Fla. Stat., the material-alteration standard means a palpable change — more than ordinary wear,...

A Florida HOA or condominium association generally cannot use your governing documents to stop you from installing solar panels or other protected renewable‑energy devices on your home, or to force you to remove a solar system that is properly permitted, code‑compliant, and installed in a location protected by Florida Statute 163.04. However,...