SOME QUICK RULES ABOUT MAKING RULES

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​Boards of Florida condominium associations and homeowner associations are allowed to make rules regarding use of the common areas, access to records, the right to speak at meetings,and in a few other areas.  Here are a few rules regarding rules:

1. Rules must be reasonable: Rules have to have a valid purpose.  They cannot be arbitrary or capricious.  They must be related to the health, welfare and safety of the residents of the community.

For example, a rule that says there can no longer be blue cars in the community would obviously be struck down because it is simply not reasonable.

2. The Rule cannot overrule what is already in the superior document

For example, let’s say that the declaration of condominium specifically states that each unit is allowed to have one pet.  The Board of Directors however now makes a rule that removes the ability of each house to have one pet and says “no more pets” in all units, going forward.  Can the Board do that?  Obviously not, as the declaration of condominium already addresses pet, so in order to change any restrictions on pets, the Board would have to amend the declaration which is obviously a more difficult procedure.  Making a rule only requires a majority of directors.  Changing the declaration usually requires the approval of two-thirds or three quarters of all owners.

3. Check the Bylaws or Articles to Determine the Board’s Power

For example, some documents may only give the Board the power to make rules regarding use of the common elements, while in other associations their documents may give the Board the right to also make rules regarding unit use or parcel use.

4. In both a condominium and an HOA – if there are proposed rules regarding unit use or parcel use, the notice to the community must be must be mailed, delivered, or electronically transmitted to the owners at least 14 days before the meeting.
By Eric Glazer, Esq.
Eric Glazer
About the
Eric M. Glazer, a native of Brooklyn, New York, is a distinguished attorney specializing in community association law. He earned his B.A. in Political Science from New York University and his Juris Doctorate from the University of Miami School of Law. In 1994, he founded Glazer and Associates, P.A., and later formed Glazer & Sachs P.A. Eric has dedicated his career representing condominium and homeowner associations. He also hosts Condo Craze and HOAs Show on YouTube, where he educates and engages with a live audience on association-related matters. Additionally, he is a Florida Bar Board Certified attorney in Condominium and Planned Development Law and a certified mediator by the Florida Supreme Court.