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:

  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 mailed, delivered, or electronically transmitted to the owners at least 14 days before the meeting.

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About HOA & Condo Blog

Eric Glazer

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.

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.



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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