Living in a Florida community with a homeowners association (HOA) often comes with the benefit of shared amenities—pools, clubhouses, gyms, parks, and walking trails. These common areas are part of what attracts many homeowners to these communities. But sometimes, an HOA might restrict or limit access to these spaces, leaving residents feeling frustrated and unsure of what to do next.
Why HOAs Restrict Common Areas
Homeowners associations can impose reasonable rules to maintain safety, preserve property values, and manage shared spaces. But not all restrictions are created equally. In Florida, HOAs might restrict access for various reasons:
- Ongoing maintenance or construction
- Health and safety concerns
- Overuse or misuse of facilities
- COVID-19 or other public health concerns
- Enforcement of association rules
While some of these reasons are valid, restrictions must comply with the community’s governing documents and state law. If the HOA goes beyond its authority, homeowners may have grounds to challenge the action.
Check Your HOA’s Governing Documents
The first step is to review your community’s governing documents. These typically include:
- The Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
- The Bylaws
- Any Rules and Regulations
These documents outline what the HOA is allowed to do regarding common areas. Look for language about use restrictions, closures, and the board’s authority during emergencies. You’ll want to know whether the board is acting within its power or overstepping.
Also, check for any amendment procedures. If the HOA changed the rules recently, they may have needed homeowner approval before enforcing the new restrictions. If they skipped that step, the rule may not be valid.
Understand Florida HOA Law
Florida law imposes certain obligations on HOAs. Under Florida Statutes Chapter 720, HOAs must operate in a transparent and fair manner. While they have some discretion over community matters, they cannot arbitrarily limit access to common areas without good cause.
The law also requires that homeowners have access to association records. If you’re questioning a restriction, you have the right to request and inspect documents that show how and why the board made its decision. This includes meeting minutes, maintenance records, or correspondence with vendors.
Talk to the HOA or Attend a Board Meeting
Sometimes restrictions are temporary or based on misunderstandings. Consider attending the next board meeting or contacting a board member directly to express your concerns. Keep your communication respectful and focused on finding a solution.
If the restriction is affecting multiple residents, you may want to bring others into the conversation. There is strength in numbers, and a group of concerned homeowners can sometimes influence the board more effectively than a single voice.
When speaking with the board, ask for specific details:
- What is the reason for the restriction?
- How long will it be in place?
- Is there a plan or timeline to restore access?
- What alternatives, if any, are being offered?
Document any communication you have with the board, just in case the issue escalates.
Consider Mediation or Internal Dispute Resolution
If discussions with the HOA don’t go anywhere, you might explore mediation. Florida law encourages resolving HOA disputes without litigation when possible. Many associations have internal grievance procedures or require mediation before filing a lawsuit.
Mediation allows both parties to meet with a neutral third party and try to work out a compromise. It can be quicker and less expensive than going to court.
Check your HOA’s documents to see if mediation is required. Even if it’s optional, it may be a good first step before considering legal action.
When Legal Action May Be Necessary
In some cases, you may need to speak with a real estate attorney to determine whether your HOA has violated the law or breached its duties. You may have a legal claim if the association:
- Restricted access without justification or notice
- Applied rules inconsistently or targeted specific homeowners
- Changed policies without proper procedure
- Failed to maintain or repair common areas they closed
An attorney can help you evaluate your options, including seeking an injunction to reopen the area or pursuing damages if you’ve suffered a financial loss.
Litigation is often a last resort, but it can be effective when an HOA acts unreasonably or outside its authority.
Be Proactive and Stay Involved
To avoid future issues, stay engaged with your HOA. Attend meetings, read newsletters, and participate in elections. Knowing who’s on the board and how decisions are made can help you anticipate changes and push for more transparent governance.
If you feel your community lacks strong leadership or communication, consider running for a board position or encouraging capable neighbors to get involved.
Homeowners associations function best when residents stay informed and involved. Active homeowners can hold the board accountable and ensure the community’s rules and practices reflect the interests of all residents—not just a few.
Conclusion
HOAs in Florida have the authority to manage common areas, but that power isn’t unlimited. If you believe your association is unfairly restricting your use of shared spaces, you don’t have to accept it without question.
Start by understanding the rules that govern your community and Florida law. Open lines of communication with the board, and don’t hesitate to seek legal help if necessary.
With the right approach, you can protect your rights and help keep your community fair and functional.