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Florida HOA & Condominium Association FAQs

Answers from Experienced Florida HOA & Condominium Association Attorneys

Homeowners’ associations (HOAs) and condominium associations are governed by a combination of Florida statutes, recorded declarations, bylaws, rules and regulations, and judicial decisions. Whether you are a board member, Community Association Manager (CAM), developer, or property owner, understanding your rights and responsibilities can be challenging.

14 Attorneys and 300+ Years of Combined Experience

The attorneys at St. Johns Law Group regularly advise homeowners’ associations, condominium associations, community association managers, developers, boards of directors, and individual property owners throughout Northeast Florida. The following answers address many of the questions we receive most often.

Looking for advice about your specific situation? Contact St. Johns Law Group to schedule a consultation.

HOA & Condominium Governance FAQs

What is the difference between an HOA and a condominium association?

Although both are community associations, they are governed by different legal structures.

A homeowners’ association generally governs a subdivision or planned community where owners hold title to their individual lots while the association maintains common property.

A condominium association governs a condominium where owners own individual units while sharing ownership of the common elements.

What laws govern Florida HOAs?

Florida homeowners’ associations are primarily governed by:

Florida statutes
Recorded declarations
Articles of Incorporation
Association bylaws
Rules and regulations
Applicable case law

What laws govern Florida condominium associations?

Condominium associations are generally governed by:

Florida statutes
Condominium declarations
Articles of Incorporation
Bylaws
Rules and regulations
Applicable appellate decisions

What are fiduciary duties?

Board members generally owe fiduciary duties to the association.

These responsibilities include acting:

In good faith
With reasonable care
In the best interests of the association
Within the authority granted by governing documents

Can HOA board members be personally liable?

Depending upon the circumstances, board members may receive statutory protections for decisions made in good faith and within the scope of their authority.

However, intentional misconduct, fraud, self-dealing, or actions outside legal authority may present different legal considerations.

Board Meeting FAQs

Are HOA board meetings open to homeowners?

Many association meetings are open to members, although governing documents and applicable law may permit certain limited exceptions.

Can boards meet electronically?

Electronic meetings may be permitted under certain circumstances depending upon governing documents and applicable legal requirements.

Are homeowners allowed to speak during meetings?

Many associations provide owners with an opportunity to address the board, although procedures may vary according to governing documents and applicable law.

What constitutes a quorum?

A quorum generally refers to the minimum number of directors or members required to conduct official association business.

Elections & Voting FAQs

How often must HOA elections be held?

Election schedules are generally established by governing documents and applicable Florida law.

Can elections be challenged?

Election disputes sometimes arise regarding:

Candidate eligibility
Voting procedures
Proxy issues
Notice requirements
Ballot counting

Legal guidance may be appropriate when election procedures are questioned.

Can board members be removed?

Many governing documents provide procedures for recalling directors before expiration of their terms.

Covenant Enforcement FAQs

Can my HOA fine me?

Many associations have authority to impose fines for violations of governing documents after following required procedures.

Can an HOA place a lien on my home?

Associations generally possess statutory lien rights for unpaid assessments and certain authorized charges.

Can an HOA foreclose?

Florida law allows associations to pursue foreclosure under certain circumstances involving delinquent assessments.

What is selective enforcement?

Selective enforcement generally refers to inconsistent enforcement of governing documents against similarly situated owners.

Can an HOA force me to remove improvements?

Depending on governing documents and applicable law, associations may seek removal of unauthorized improvements.

Architectural Review FAQs

Do I need approval before making improvements?

Many associations require approval before constructing or modifying:

Fences
Pools
Additions
Docks
Roofing
Landscaping
Exterior paint
Solar panels

Can an HOA deny my architectural request?

Associations may deny applications that fail to comply with governing documents or architectural standards.

Can my HOA regulate paint colors?

Yes, many governing documents establish approved exterior color standards.

Can my HOA prohibit solar panels?

Solar improvements involve both governing documents and Florida law.

Because these matters continue to evolve, legal guidance may be appropriate before denying applications.

Assessments & Collections FAQs

Why do associations collect assessments?

Assessments generally fund:

Maintenance
Insurance
Landscaping
Security
Utilities
Reserves
Capital improvements
Community operations

Can associations impose special assessments?

Many governing documents authorize special assessments under specified circumstances.

What happens if I stop paying assessments?

Failure to pay assessments may result in collection efforts, liens, interest, attorney’s fees, and potentially foreclosure.

Records Inspection FAQs

Can homeowners inspect association records?

Florida law generally provides owners with rights to inspect many official association records.

What records are available?

Depending upon applicable law, records may include:

Budgets
Contracts
Meeting minutes
Financial reports
Insurance information
Reserve studies
Election records

Community Association Manager FAQs

What does a Community Association Manager do?

CAMs assist associations by managing daily operations, coordinating vendors, supporting boards, maintaining records, and implementing association policies.

Should Community Association Managers consult attorneys?

Yes.

Early legal guidance often helps managers and boards avoid unnecessary disputes while improving governance and legal compliance.

Developer Turnover FAQs

What is developer turnover?

Developer turnover is the process through which homeowners assume control of an association from the developer.

What documents should be transferred?

Turnover often includes:

Financial records
Contracts
Engineering reports
Reserve information
Governing documents
Warranties
Insurance information

Construction FAQs

Can associations sue for construction defects?

Depending upon the facts, associations may possess legal rights involving construction defects affecting common property.

What should associations do before major construction projects?

Boards should carefully review:

Construction contracts
Insurance
Warranties
Contractor qualifications
Payment terms
Legal risks

Real Estate FAQs

Who owns common areas?

Ownership depends upon governing documents and the legal structure of the community.

What is an easement?

An easement generally grants another party limited rights to use property for specific purposes such as utilities, drainage, or access.

Litigation FAQs

Should every dispute become a lawsuit?

No.

Many disputes can be resolved through negotiation or mediation before litigation becomes necessary.

What types of HOA cases go to court?

Common litigation includes:

Covenant enforcement
Construction defects
Contract disputes
Declaratory judgments
Injunctions
Insurance disputes
Easement litigation

Homeowner FAQs

Can I challenge an HOA decision?

Depending upon the circumstances, owners may have legal remedies concerning enforcement actions, architectural denials, election disputes, records requests, or property rights.

Can my HOA regulate short-term rentals?

Many associations regulate short-term rentals depending upon governing documents and applicable law.

Can an HOA regulate political signs?

Political sign restrictions depend upon governing documents and applicable law.

Can my HOA prohibit commercial vehicles?

Many declarations regulate commercial vehicles, boats, trailers, RVs, and similar vehicles.

Can an HOA prohibit pets?

Pet restrictions frequently appear in governing documents.

However, Fair Housing laws may require reasonable accommodations under certain circumstances.

Why Choose St. Johns Law Group?

Community association law extends beyond governance and collections.

Our multidisciplinary legal team advises clients regarding:

We represent homeowners’ associations, condominium associations, developers, Community Association Managers, boards of directors, management companies, and property owners throughout St. Augustine, Ponte Vedra, Nocatee, Jacksonville, Palm Coast, St. Johns County, Flagler County, and Northeast Florida.

Schedule a Consultation with a St. Augustine HOA Attorney

If your association, board, Community Association Manager, developer, or property owner requires experienced legal counsel regarding community association governance, litigation, contracts, construction projects, elections, developer turnover, or property rights, contact St. Johns Law Group to schedule a consultation with an attorney experienced in Florida community association law.

Call us today at (904) 495-0400 or email info@sjlawgroup.com directly.

At St. Johns Law Group, we are committed to delivering the Dedicated & Responsive Service® you can count on.

Florida HOA & Condominium Association FAQs | St. Johns Law Group