Our Fort Lauderdale, FL HOA lawyer knows that homeowners’ associations (HOAs) are responsible for managing and maintaining the shared areas and overall appearance of a community. While they have the authority to create and enforce rules, not all rules are legally valid. If your HOA tries to enforce a rule that conflicts with state law, violates the association’s governing documents, or exceeds the board’s authority, you have the right to challenge it. Knowing how to handle this type of situation can help protect your rights as a homeowner and it’s important to know when to take action against your HOA.
Identifying An Invalid HOA Rule
HOA rules must align with the community’s governing documents, which typically include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. These documents outline the scope of the board’s authority and the process for creating and enforcing rules. If a rule contradicts the governing documents or state law, it may be invalid.
For example, if the CC&Rs allow for certain types of landscaping but the board passes a new rule prohibiting those same features, the new rule could be challenged as inconsistent with the governing documents. Similarly, if state law protects a homeowner’s right to install solar panels, but the HOA attempts to ban them, the rule may be unenforceable.
Invalid rules can also arise from procedural issues. If the board failed to follow proper procedures, such as providing notice to homeowners or securing the required number of votes, the rule may not hold up if challenged.
Steps To Take If Your HOA Tries To Enforce An Invalid Rule
If you believe your HOA is enforcing an invalid rule, the first step is to review the governing documents and any related state or local laws. This will help you determine whether the board acted within its authority and followed the proper process. If the rule conflicts with the CC&Rs or state law, you have a basis to challenge it.
It’s important to document the issue thoroughly. Keep copies of any communications from the HOA, including violation notices, meeting minutes, and copies of the governing documents. This information will help support your position if you need to escalate the matter.
Next, communicate with the board directly. In many cases, raising the issue with the board and pointing out the conflict with the governing documents or state law is enough to resolve the problem. Be polite but firm, and present the facts clearly. If the board refuses to acknowledge the issue, submitting a written request for a formal review of the rule may be necessary.
Legal Options If The HOA Refuses To Cooperate
If the HOA continues to enforce an invalid rule despite your efforts to address it, legal action may be necessary. State laws often provide homeowners with the right to challenge HOA decisions in court or through arbitration. A lawyer familiar with HOA law can help you file a formal complaint and seek an order to prevent the board from enforcing the rule. If the HOA’s actions have caused you financial harm, you may also be entitled to recover damages.
Protect Your Rights As A Homeowner
If your HOA is trying to enforce an invalid rule, you don’t have to handle it alone. At Perez Mayoral, P.A., we help homeowners protect their rights and hold HOA boards accountable when they overstep their authority. We advocate for our clients and attorney Michael has an AVVO rating of Superb and is ready to help you. Contact us today to discuss your situation and find out how we can help you challenge an invalid HOA rule.
