Home Owners Association
Florida Rules/Statutes

Home Owners Association Question??

I got your name from a friend of mine who thought you might be able to answer my question. I live in Florida and have lived in my house for 9 years. The homeowner board wants to pass a law that no one can rent their house. For those of us opposed to this, is there any Florida law that makes it illegal for an HOA to pass this rule? If so, can you tell me where to find the law?

Kristina, To my knowledge the statutes restricting the inclusion of or mandating changes to structured bylaws set forth by the Home Owners Association can be found within the statutes/chapters listed below. As far as I know, the board must pass or reject the proposal by majority vote AND get a majority vote of the members of the home owner’s association. If the board can achieve this then they will get what they want. It is difficult for such a bylaw to be passed after the covenants of the home owner's association are set in stone as it is very difficult to achieve a majority vote when it hinders people’s ability to do as they please. Some will vote against it as they feel it hinders their personal rights and others will vote against it as they have rented their units. When you became a member of the association you agreed to adhere to the rulings of the association, get a copy of the bylaws/covenants from the association or copy from the official records at the court house.

Home Owners Association Statutes Referenced
Most relevant statutes pertaining. This list is unfiltered. List provided by keyword "home owners association" Florida Senate Search by Statute "Staute/Bill Search Link Below".

190.012: Special powers public improvements and community facilities.
194.011: Assessment notice; objections to assessments.
194.034: Hearing procedures; rules.
194.181: Parties to a tax suit.
197.343: Tax notices; additional notice required.
255.259: Florida-friendly landscaping on public property.
316.006: Jurisdiction.
316.2127: Operation of utility vehicles on certain roadways by homeowners' association.
335.167: State highway construction and maintenance; Florida-friendly landscaping.
336.125: Closing and abandonment of roads; optional conveyance to homeowners' association; traffic control jurisdiction.
364.025: Universal service.
373.62: Water conservation; automatic sprinkler systems.
373.185: Local Florida-friendly landscaping ordinances.
468.431: Definitions.
607.0802: Qualifications of directors.
617.0802: Qualifications of directors.
617.0831: Indemnification and liability of officers, directors, employees, and agents.
617.1703: Application of chapter.
627.4025: Residential coverage and hurricane coverage defined.
631.54: Definitions.
631.57: Powers and duties of the association.
702.09: Definitions.
712.01: Definitions.
712.05: Effect of filing notice.
712.06: Contents of notice recording and indexing.
712.11: Covenant revitalization.
718.50151: Community Association Living Study Council membership functions.
720.31: Recreational leaseholds right to acquire escalation clauses.
720.301: Definitions.
720.302: Purposes, scope, and application.
720.303: Association powers and duties meetings of board official records budgets financial reporting association funds recalls.
720.304: Right of owners to peaceably assemble display of flag SLAPP suits prohibited.
720.307: Transition of association control in a community.
720.308: Assessments and charges.
720.313: Receivership notification.
720.401: Prospective purchasers subject to association membership requirement disclosure required covenants assessments contract cancellation.
720.403: Preservation of residential communities revival of declaration of covenants.
720.405: Organizing committee parcel owner approval.
720.406: Department of Community Affairs submission review and determination.
720.407: Recording notice of recording applicability and effective date.
720.3053: Failure to fill vacancies on board of directors sufficient to constitute a quorum appointment of receiver upon petition of member.
720.3075: Prohibited clauses in association documents.
720.3085: Payment for assessments lien claims.

720.3086: Financial report.
723.006: Powers and duties of division.
723.037: Lot rental increases reduction in services or utilities change in rules and regulations mediation.
723.071: Sale of mobile home parks.
723.072: Affidavit of compliance with statutory requirements.
723.074: Sale of facilities serving a mobile home subdivision.
723.075: Home owners associations
723.076: Incorporation notification of park owner.
723.077: Articles of incorporation.
723.078: Bylaws of home owners association.
723.079: Powers and duties of homeowners' association.
723.0751: Mobile home subdivision home owners association.
723.0791: Mobile home cooperative homeowners' associations elections.

Search performed at Home Owners Association Statute Look Up

Have a Great Day! James

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