Question:
I am a real estate agent and have been trying to understand the issues of CCR’s and Guidelines provided by certain HOA’s. HOA’s are required to publish on the County website the CCR’s and any subsequent voted changes to those CCR’s (amendments). There are other documents, for example, Architectural Review Board Guidelines, that can be different than what is documented within the CCR’s or amendments. Some of these guidelines are different (further reaching/more restrictive) than what is published in the CCR’s. This can become contentious with new buyers as these were not made available to the buyers prior to purchasing. Are guidelines enforceable if they are not delineated in the CCR’s? My impression is no, although HOA’s can make it extremely problematic (fines, liens, etc.) for the homeowners within that HOA. It would be helpful to have a clear answer to this issue. Thank you.
– Dean
Answer:
Hi Dean,
According to the Florida Homeowners’ Association Act Section 720.3035(1), architectural guidelines are enforceable if the association’s authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.
The community’s architectural review board guidelines may or may not be considered part of the “other published guidelines and standards” depending on the governing documents. Typically, these guidelines are still enforceable if they do not conflict with the CC&Rs. However, it may be best to consult a lawyer for further guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
