Homeowners’ associations (HOAs) are supposed to maintain community standards and preserve property values. That includes managing shared spaces like clubhouses, pools, parks, and fitness centers. These areas, known as common elements, are typically available to all residents. However, there are situations where HOAs push their authority too far—limiting or even denying access without a fair reason.
In Florida, homeowners often find themselves frustrated by unclear rules or sudden restrictions. While HOAs have the power to enforce reasonable regulations, they are not allowed to impose arbitrary limits. When rules go beyond what is permitted in the governing documents or state law, residents have a right to push back.
Understanding the Role of the HOA
In Florida, HOAs operate under a combination of state law and private contracts. The governing documents—typically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules—set the foundation for how the association functions. These documents spell out what the HOA is allowed to regulate and what obligations they have toward homeowners.
Common areas are typically considered a shared benefit. That means all members of the community have the right to use them, unless there is a legitimate reason to impose a restriction. Safety concerns, maintenance issues, or temporary events may justify limited access. However, blanket restrictions without clear justification can lead to legal challenges.
Examples of Overreach in Florida Communities
Some HOAs make decisions that go beyond what is reasonable or lawful. Here are examples of restrictions that may cross the line:
- Restricting access to amenities based on unpaid fines: Florida law limits how an HOA can enforce collections. Cutting off access to common areas before following proper legal steps can violate your rights.
- Limiting use based on age or family size: Barring children from pools or play areas may violate federal fair housing laws unless the community is specifically designated as housing for older persons.
- Denying access to renters or guests without cause: If the governing documents allow renters or guests to use common spaces, the HOA cannot create new rules that exclude them without following proper procedures.
- Closing amenities for extended periods with no explanation: HOAs must provide reasonable notice and justification when shutting down community spaces, especially when the closure lasts longer than necessary.
What Florida Law Says About Common Area Access
Florida statutes offer protections to homeowners who feel their HOA is overstepping. For example, under the Florida Homeowners’ Association Act (Chapter 720), associations must operate transparently and in good faith. They cannot create rules that conflict with the CC&Rs or apply them in a discriminatory or selective manner.
Additionally, if the association board wants to amend rules governing common areas, they typically must follow a formal process. That includes providing proper notice to members, holding a vote if required, and documenting the change. Arbitrary decisions made in closed meetings or without member input can be challenged.
Red Flags That Your HOA May Be Abusing Power
Not every restriction is unlawful. But there are warning signs that your HOA may be overstepping:
- Sudden changes to rules without notice
- Inconsistent enforcement among residents
- Lack of documentation or clear authority in the governing documents
- Refusal to explain the reasons behind a restriction
- Threats of penalties without a proper hearing or due process
If you experience any of these, it may be time to take a closer look at whether the HOA is following the law.
Steps to Take If You Believe the HOA Has Gone Too Far
- Review Your Governing Documents
Start by reading the Declaration of Covenants, bylaws, and any rules and regulations. See if the HOA has the authority to restrict access in the way they are doing. - Request Written Justification
Ask the HOA to provide a written explanation for the restriction. Request any meeting minutes or documents that show how the decision was made. - Attend an HOA Meeting
Bring your concerns directly to the board. Public meetings are a chance for residents to ask questions and seek clarification. - Submit a Formal Complaint
If the board does not respond or continues to act improperly, file a written complaint with the association. Keep a record of all communications. - Consider Mediation or Arbitration
Florida law encourages alternative dispute resolution in HOA conflicts. Before filing a lawsuit, you may be required to try mediation or arbitration first. - Speak with a Real Estate Attorney
If the issue remains unresolved, consulting a Florida real estate lawyer is your next step. An attorney can help you determine whether the HOA’s actions are legally defensible and guide you through your options.
Why Legal Help Matters in HOA Disputes
HOA boards often rely on legal counsel when drafting or enforcing rules. As a homeowner, you should have access to the same level of support when your rights are at stake.
An experienced real estate attorney can:
- Review your HOA’s governing documents
- Interpret how Florida statutes apply to your situation
- Communicate with the board or management on your behalf
- Represent you in mediation, arbitration, or court if needed
These disputes can be emotionally draining and legally complex. Having someone on your side can make all the difference in achieving a fair outcome.
Conclusion
HOAs play an important role in keeping Florida communities organized and functional. But their authority is not unlimited. When they impose unfair restrictions on shared amenities, homeowners don’t have to accept it. Knowing your rights is the first step toward protecting your access and holding your association accountable.
If you’re dealing with an HOA that is limiting your use of common areas without a valid reason, don’t wait. Get the information you need and consider speaking with a qualified attorney to protect your interests.
For legal guidance on HOA disputes and other real estate concerns in Florida, our team is here to help.