Many homeowners in Florida choose properties in HOA-managed communities because of the benefits—access to amenities like pools, gyms, and clubhouses is often high on that list. These features add value to homes and enhance everyday life. But what happens when your HOA restricts access to them without clear justification or notice? If you’re being denied access to amenities you pay for, you may have legal options.
Understanding Your HOA’s Authority
Homeowners associations have broad power to manage and maintain common areas. That authority comes from the community’s governing documents—usually including a Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules. These documents spell out the responsibilities of the HOA and the rights of homeowners.
Under Florida law, HOAs are responsible for maintaining the common elements and ensuring the safety and enjoyment of the community. They can implement reasonable rules for the use of amenities. However, they cannot make arbitrary decisions that deny homeowners access without a valid basis.
For example, temporarily closing a pool for cleaning or repairs is generally acceptable. Shutting it down indefinitely with no explanation is not.
Common Reasons for Restrictions
Here are a few scenarios where HOAs often limit access:
- Maintenance or Safety: An HOA may restrict use if repairs are needed or there’s a safety concern.
- Health Regulations: During public health emergencies (like a pandemic), access may be limited based on government orders.
- Rule Violations: If a homeowner breaks community rules, the HOA may restrict their access as a consequence—provided the proper procedures are followed.
- Nonpayment of Dues: Some associations suspend access to amenities if a homeowner is behind on dues or assessments.
While these reasons can be valid, the HOA must apply rules evenly and give proper notice.
When Restrictions Cross the Line
Not all restrictions are reasonable. In Florida, HOA boards cannot act in ways that are discriminatory, retaliatory, or inconsistent with governing documents. If your HOA has blocked access to amenities and you suspect the reason isn’t legitimate, you might be facing an overreach of authority.
Red flags to watch for include:
- No written notice or explanation for a facility’s closure
- Unequal enforcement (some residents allowed access while others are denied)
- Permanent closures without a member vote (if required in the governing documents)
- Denial of access as retaliation for complaints or disputes
If you encounter any of these, you may have grounds to challenge the decision.
Steps to Take Before Escalating
Before pursuing legal action, it’s usually best to resolve the issue within the HOA framework.
- Review the Governing Documents
Understand what the rules say about your rights to use amenities. See if the HOA followed the proper procedures for any restrictions. - Request Written Justification
Ask the board for a formal explanation of the restriction. Keep all communication in writing. - Attend HOA Meetings
Participate in board meetings to voice concerns and hear the reasoning behind decisions. This also shows you’re acting in good faith. - Work with Other Homeowners
If others are affected, consider organizing to present a unified request for transparency or rule revisions. - File a Complaint with the Florida Department of Business and Professional Regulation (DBPR)
If your HOA is part of a condominium or cooperative, you can file a complaint through the DBPR, which oversees certain types of associations.
Legal Options If the HOA Won’t Act
If your efforts to resolve the situation internally don’t work, it may be time to explore legal remedies.
- Send a Demand Letter
A real estate attorney can draft a formal letter demanding that the HOA lift the restriction or provide justification based on law or the community’s rules. This step often leads to resolution without court action. - Request Mediation or Arbitration
Florida law encourages alternative dispute resolution (ADR) for HOA conflicts. This can be faster and less expensive than litigation. - File a Lawsuit
If the HOA is violating your rights, and other options fail, filing a civil lawsuit might be necessary. A court can order the HOA to reopen access or change policies and, in some cases, award damages or legal fees. - Seek an Injunction
If the HOA’s actions are causing immediate harm, your attorney may ask the court for an injunction to force access or stop enforcement until the matter is resolved.
What the Law Says About Fair Use
Florida Statute 720 governs HOAs, and it provides some important protections. For example, HOA boards must give notice before meetings and must vote on major decisions during open sessions. Restricting access to community features may qualify as a material alteration, which sometimes requires a member vote.
Additionally, HOA decisions must be reasonable and not infringe on rights protected by state or federal law, such as the Fair Housing Act.
Document Everything
Whatever path you take, keep detailed records. Save copies of HOA correspondence, emails, meeting notices, and photos showing closures. These details matter if you end up in mediation or court. Your documentation could support a claim that the HOA acted improperly or failed to follow required procedures.
When to Call a Lawyer
If you’ve hit a wall with your HOA or believe your rights have been violated, consulting a real estate attorney who handles HOA disputes is the best next step. Florida law gives you the right to challenge unreasonable restrictions, but the success of your case depends on proper timing, documentation, and legal strategy.
An attorney can:
- Evaluate whether the HOA violated governing documents or the law
- Communicate with the board on your behalf
- Represent you in mediation, arbitration, or court
Conclusion
Living in an HOA community doesn’t mean giving up your rights. If you’re paying for amenities like a pool, gym, or clubhouse, you deserve fair access to them. While HOAs can limit access for valid reasons, those limits must follow clear rules and apply equally to all residents.
If your HOA is imposing unreasonable restrictions, don’t assume you’re stuck. Understand your rights, take action within the HOA, and if necessary, seek legal help to protect your interests.
For homeowners in Florida facing HOA overreach, the law provides a path forward.