When you buy a home in a Florida homeowners association, you’re not just purchasing a piece of property. You’re also agreeing to live under the rules and authority of the HOA. One of the most common points of confusion and dispute between homeowners and their associations involves the control and use of shared amenities—like pools, gyms, clubhouses, and walking trails. Florida law lays out some important rules regarding how HOAs can manage these common areas, but that authority isn’t unlimited.
What Are Common Areas and Shared Amenities?
Shared amenities are typically defined as “common elements” or “common areas.” These might include everything from tennis courts to security gates to landscaped green spaces. In most planned communities and condominiums, these areas are maintained and governed by the HOA on behalf of all the property owners.
Homeowners fund the upkeep of these spaces through their regular assessments. In return, they have a legal expectation of reasonable access and use—subject to the rules set out in the HOA’s governing documents.
Florida Statutes Give HOAs Management Power
The Florida Homeowners’ Association Act (Chapter 720 of the Florida Statutes) gives associations broad authority to manage common areas. This includes setting rules for access, use, and maintenance. The HOA board can set operating hours, restrict certain uses, and even temporarily close amenities for maintenance or safety reasons.
However, this control must be exercised in good faith and according to the association’s bylaws, covenants, and rules. In short, the board can’t act arbitrarily or beyond what’s outlined in its governing documents.
For condominiums, the relevant law is Chapter 718 of the Florida Statutes. While similar in structure, condo associations often have even more defined authority over shared elements because of how ownership is structured in these communities.
Homeowners Have Legal Rights to Use Shared Amenities
Even though the HOA manages the common areas, homeowners have a legal right to access and enjoy these amenities. This right exists both under Florida law and the governing documents of the community. An HOA can’t permanently deny access to a paying member of the community without valid justification.
For example, a homeowner who is current on dues and assessments generally has a protected right to use the pool, gym, and other facilities. An HOA might temporarily suspend access for reasons such as non-payment or violation of rules, but even that must be done according to a clear process.
Florida law (Section 720.305(2)) allows HOAs to suspend the use rights of owners who are more than 90 days past due on fees. But the suspension must be approved at a properly noticed board meeting and communicated in writing.
When Can an HOA Restrict or Deny Access?
There are legitimate circumstances when an HOA can restrict access to shared spaces. Common examples include:
- Necessary repairs or safety concerns
- Renovations or upgrades
- Rule violations (like repeated misuse of facilities)
- Non-payment of dues or fines
However, restrictions must be reasonable, proportionate, and consistently enforced. An HOA cannot target specific residents unfairly or use control of amenities as punishment without a valid process.
If access is denied, the board should be able to show documentation supporting the decision. Homeowners are entitled to receive notice and, in some cases, have a right to a hearing before penalties are imposed.
What to Do If You Disagree with HOA Decisions
If you believe your HOA is unfairly restricting your access to shared amenities, there are steps you can take. Start by reviewing the HOA’s governing documents—especially the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). These documents often spell out exactly what the board can and cannot do.
Next, request written clarification from the board. Ask for copies of meeting minutes or official decisions that explain the action taken. Florida law requires transparency from HOAs, and you have the right to inspect official records.
If informal communication doesn’t resolve the issue, you can file a written complaint with the HOA. Florida also provides a formal dispute resolution process through the Department of Business and Professional Regulation (DBPR) for certain types of issues, especially for condominium associations.
In some cases, hiring a real estate attorney may be the best option—especially if access has been denied without justification or if the HOA has acted outside of its authority.
Legal Challenges Against Improper Restrictions
There have been cases in Florida where homeowners successfully challenged HOA decisions that limited access to amenities. The courts have held that while boards have authority to manage common areas, they must do so fairly and in compliance with governing rules.
For example, blanket policies that permanently close amenities due to budget issues or insurance costs may be deemed improper if the board didn’t follow the required process or failed to seek member input. Similarly, selective enforcement of rules—such as allowing some residents to use a clubhouse while denying others—can be grounds for legal action.
Preventing Problems Starts with Transparency
The best way to avoid disputes over shared amenities is for HOA boards to maintain transparency and communication. Regular updates, clear signage, and open meetings go a long way toward preventing misunderstandings.
Homeowners should also attend HOA meetings, review budgets, and stay informed about policy changes. Many issues can be addressed early when both the board and residents understand their rights and responsibilities.
Conclusion
Living in an HOA-governed community in Florida comes with both benefits and obligations. While your HOA has the power to manage and maintain shared amenities, that power is not unlimited. Florida law requires that boards act within the bounds of their authority and in the best interests of the community.
If you feel your rights are being infringed—whether through excessive restrictions or unfair denial of access—it may be time to seek legal advice. A Florida real estate attorney familiar with HOA law can help you understand your options and push back when necessary.
In the end, shared amenities are just that—shared. And both homeowners and HOA boards have a role in making sure these spaces remain accessible, well-maintained, and fairly managed.