Heron Bay Owners Push Back on Leasing Rules

Homeowners in one of Broward County’s largest communities recently learned how quickly a board can move on rules that change what owners may do with property they own. The pushback from Heron Bay residents was immediate, and it made a difference. What happened there is worth understanding for anyone who owns in a Florida association.

What the Board Proposed

The Heron Bay master association governs more than 3,100 homes across more than a dozen subdivisions in Coral Springs and Parkland. Owners reported that the proposed rules and regulations would have:

• Capped leasing at one lease per unit each year
• Required tenants to sign entirely new leases rather than renew
• Applied stricter penalties to renters than to owner-occupants

A day before the scheduled vote, following coverage by The Real Deal, the board withdrew most of the proposals. The vote was postponed after residents packed the meeting.

Why Leasing Restrictions Invite Challenges

Florida law already limits how far an association can go. Under Section 720.306(1)(h), a governing document or amendment enacted after July 1, 2021 that prohibits or regulates rental agreements applies only to an owner who takes title after the effective date, or to an owner who consents to it. Existing owners who never consented are generally not bound. Narrow exceptions exist, including rentals of less than six months.

So a sweeping restriction can be adopted and still be unenforceable against much of the community.

Rules Are Not Amendments

A board can adopt rules. But it cannot use rules to accomplish something the recorded documents do not permit. An HOA contract, also known as the association’s declaration, governing documents, or rules and regulations, sets the outer boundary of board authority. When a rule reaches past that boundary, or when required notice was not given, the rule is open to challenge.

Selective enforcement raises separate problems. Penalizing tenants more harshly than owner-occupants can draw fair housing scrutiny depending on how it is applied.

Steps Owners Can Take

Request the full text of any proposal in writing. Review the notice the association sent, because procedure carries real weight in these disputes. Attend the meeting and put objections on the record. And speak with neighbors, since a coordinated group of owners is harder to dismiss than a single letter.

Our attorneys represent homeowners and unit owners only, never associations or boards. If your community is weighing similar restrictions, a Coral Springs, FL HOA lawyer can review the documents before a vote rather than after.

Protecting What You Own

Restrictions like these rarely arrive with much warning, and once adopted they tend to stay until someone questions them. Owners facing new leasing limits, uneven enforcement, or fines that seem out of proportion should have their governing documents reviewed by a Coral Springs HOA lawyer who represents owners. Perez Mayoral, P.A. offers an initial case review for Florida homeowners who want to understand where they stand before the next board meeting.