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SOME QUICK RULES ABOUT MAKING RULES
By
Eric Glazer, Esq.
Published June 3, 2024
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:
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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.
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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.
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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.
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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 mailed, delivered, or electronically transmitted to
the owners at least 14 days before the meeting.
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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric
has been the host of Condo Craze and HOAs, a weekly one-hour
radio show airing at 11 a.m. each Sunday on 850 WFTL. Recently,
he moved the show to YouTube, transforming it into a more
dynamic and interactive experience. This move not only allows
viewers to engage in live chats with Eric and other participants
but also enables a broader audience to access free advice,
making valuable insights more widely available.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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