Can HOA Change Rules After Purchase

You’ve just settled into your Florida home, only to receive notice that your HOA has adopted new restrictions that weren’t in place when you bought the property. Maybe they’re limiting rental opportunities, restricting pool usage, or demanding landscape changes.

Can an HOA change things after purchase? Yes, but Florida law provides significant protections for homeowner rights.

This guide will outline exactly what Florida HOAs can and cannot do, the procedures they must follow, and how homeowners can fight back when associations overstep their authority.

Chapter 720 of the Florida statutes, the Florida Homeowners Association Act, controls Florida homeowner association operations. This comprehensive legislation establishes how HOAs function, including their power to amend existing bylaws and regulations.

The statute creates a hierarchy of governing documents that govern HOA operations:

• Declaration of Covenants, Conditions, and Restrictions – The covenant requires the highest vote threshold to amend
• Articles of incorporation – Establish the HOA as a legal entity.
• Bylaws – Define how the HOA functions and operational procedures.
• Rules and regulations – Easiest to change, typically requiring only board approval

This structure determines how difficult it will be for your HOA to implement changes. More fundamental documents demand greater homeowner approval and transparency, while board members can more easily adjust day-to-day operational guidelines.

Not all HOA modifications are created equal. Florida law distinguishes between categories that govern different aspects of community life.

Typically, they don’t require a homeowner’s vote and cover day-to-day matters. These must comply with existing procedures and be reasonable. Examples include adjusting amenity hours, modifying guest protocols, or updating common area usage.

While these changes are easier to impose, they must still adhere to legal requirements and cannot contradict the association’s governing documents.

Require homeowner participation and usually need approval from two-thirds of voting interests per state law. These changes address how the association functions and must be recorded in the county records.

Because bylaws affect HOA operations, Florida law ensures homeowners have meaningful input in these modifications.

It represents the most restrictive amendment process, often requiring 67% or higher homeowner approval. These changes may also need consent from mortgage holders and must be recorded. Since covenants establish fundamental property rights and obligations, the law makes them intentionally difficult to amend.

Florida statutes mandate strict notice procedures before any HOA change can take effect. The law requires:

• 14-day advance notice for meetings where amendments will be considered
• Written notice with specific agenda items that outline proposed changes
• Conspicuous posting within the community or direct mailing to all homeowners
• Electronic notice only with explicit homeowner consent

The association cannot simply state “bylaw changes will be discussed” in the notice. They must specify exactly what amendments are being proposed, giving property owners time to review and prepare their response.

Key Point: Missing or improper notice is one of the most common grounds for challenging HOA rule changes. Always document when and how you received notice.

Under Florida law, HOAs must meet specific voting requirements that vary based on the type of change proposed. Standard amendments to hoa bylaws require two-thirds approval unless the HOA’s documents specify otherwise.

Before any vote can occur, the association must establish a quorum, which state law sets at 30% of voting interests unless existing bylaws specify lower.

Material alterations affecting property rights require even more stringent homeowner approval. If a proposed amendment would materially alter voting interests or increase the proportion by which a parcel shares in common area expenses, the consent of affected homeowners is mandatory.

Once homeowners approve an amendment, it doesn’t become enforceable simply because the vote passed. Florida law requires HOAs to:

• Record amendments that must be recorded in county records within 30 days
• Distribute copies to all community members
• Provide electronic copies to those who’ve consented to electronic delivery
• Maintain proof of distribution for association records

This recording requirement ensures transparency and provides notice to prospective purchasers about the rules governing the community.

This 2023 regulation represents a significant victory for property owners, specifically prohibiting HOAs from regulating items that aren’t visible from the street. The statute protects numerous items when they’re not visible from:

• The parcel’s frontage
• Adjacent parcels
• Common area or amenity spaces
• Community golf courses

Protected items include artificial turf, boats and recreational vehicles, vegetable gardens, clotheslines, and general storage within the property. This means your HOA cannot dictate what you keep in your fenced backyard if it’s not visible to neighbors or from shared spaces.

Florida law provides strong protections for environmental improvements and necessary upkeep. HOAs cannot prohibit solar panels, energy-efficient devices, or clotheslines for energy conservation. They also cannot unreasonably restrict property maintenance, like roof repair or other essential work.

While associations may establish reasonable architectural guidelines, they cannot ban these installations outright. The law aims to balance the interests of individual homeowners with community aesthetics.

One of the strongest protections for existing homeowners involves rental restrictions under Chapter 720. Rental prohibitions enacted after July 1, 2021, apply only to:

• New purchasers after the rule’s effective date
• Current owners who individually consent to the restrictions
• Owners who voted to approve the restrictions

You likely retain your original rights if you purchased your property as a rental investment before new restrictions were enacted. This protection prevents HOAs from destroying the investment value of properties explicitly purchased for rental income.

However, associations can still regulate short-term rentals of less than 6 months and may limit rentals to three times per calendar year for all homeowners within the community.

All HOA regulations must meet fundamental legal requirements beyond procedural compliance. Rules must be reasonable and not arbitrary. They must apply uniformly to all homeowners without discrimination. Any regulation that violates federal law, Florida law, or local ordinances is automatically void, regardless of homeowner vote.

Courts will scrutinize rules that appear to serve no legitimate purpose or impose burdens disproportionate to their benefits. This reasonableness standard provides an essential check on HOA board power, even when proper procedures are followed.

The Florida Legislature has imposed significant transparency obligations on homeowner associations. Starting January 1, 2025, HOAs with 100 or more parcels must:

• Post all documents online, including bylaws and covenants
• Provide digital access to meeting notices and agendas
• Make financial records available electronically
• Maintain records for at least 7 years
• Provide password-protected member access

This transparency requirement goes beyond simple posting. Associations must help ensure sensitive information is redacted correctly while making the HOA’s governing documents readily accessible to community members.

The 2024 legislative updates strengthen procedural requirements for HOA enforcement actions. The law now prohibits fines for minor infractions such as garbage cans visible within 24 hours of collection or holiday decorations up less than a week after notice. These protections prevent associations from using fines as revenue generators.

Additionally, Florida law caps fines at $100 per violation with a $1,000 aggregate maximum. No fine under $1,000 can become a lien against your property, protecting homeowners from losing their homes over minor bylaw violations.

Board of directors members now face mandatory education to ensure they understand their obligations and limitations. New directors must complete state-approved education within 90 days covering:

• Financial literacy and transparency
• Recordkeeping obligations under Florida statutes
• Proper fine procedures that comply with legal requirements
• Meeting and notice requirements per Chapter 720

Board members who fail to complete the education face suspension from the HOA board until they comply with these requirements.

Florida law guarantees specific procedural rights before any adverse action. You’re entitled to 14 days written notice before fines or suspensions, with the right to a hearing before an independent committee (not board members).

The committee must be at least three members who aren’t officers, directors, or employees of the homeowner association. You have the opportunity to cure violations before penalties are imposed, and the committee must provide written findings within 7 days of the hearing.

Under Florida statutes, you can inspect official records within 10 business days of your request. The association faces $50/day penalties for non-compliance, beginning on the 11th business day. For willful violations, responsible parties can face criminal charges.

You also have the right to use your own devices to copy records during inspection.

Homeowners have fundamental rights regarding HOA meetings:

• Attend all board of directors meetings (except attorney-client privileged sessions)
• Speak for at least 3 minutes on any agenda item or important matters
• Record or videotape meetings
• Receive proper notice of all meetings where the board will vote

These participation rights help ensure boards cannot make decisions in secret or silence dissenting voices within the community.

When facing questionable rule changes, your first step should be working within the HOA’s structure:

• Document Review: Obtain complete copies of all documents and existing bylaws
• Verify Compliance: Check that proper procedures were followed—notice, vote, recording
• File Written Objection: Document procedural violations or substantive problems
• Request a Hearing: If facing enforcement, demand your due process rights
• Build Coalition: Gather support from 10% of voting interests to elect new directors or call special meeting

Building alliances with affected neighbors strengthens your position and may convince the HOA board to reconsider without need for external action.

If internal remedies fail, Florida law provides several external options. The Department of Business and Professional Regulation offers mediation services for many HOA disputes. These alternative dispute resolution methods often prove faster and less expensive than litigation.

When court action becomes necessary, Florida law provides attorney fee recovery for the prevailing party. This fee-shifting provision helps homeowners challenge well-funded associations. Courts can also issue injunctive relief to stop enforcement of illegal rules while the dispute proceeds.

Strategic considerations include cost-benefit analysis, strength of your legal position, impact on community relationships, and potential for class action if multiple owners face similar issues.

Watch for these warning signs that may invalidate HOA changes:

• Amendments to bylaws without proper notice to homeowners
• Voting without required quorum present
• Failure to record amendments as required by Florida law
• Selective enforcement against certain homeowners
• Board adopting covenant-level changes without homeowner vote

These violations indicate illegal HOA actions regardless of procedures followed:

• Regulations conflicting with Florida statutes or federal law
• Restrictions on non-visible backyard items
• Discriminatory enforcement patterns
• Retroactive application to existing homeowners
• Fines exceeding statutory limits

Poor recordkeeping often signals deeper problems with how HOAs function:

• Missing or incomplete meeting minutes
• Refusal to provide requested records
• Unrecorded amendments being enforced
• “Policies” not formally adopted through proper vote
• Inconsistent enforcement history

Thorough review protects your investment. Examine all documents carefully, not just the basic rules. Request the amendment history to understand how active the HOA is in changing bylaws. Pay particular attention to:

• Voting requirements for different amendments
• Any pending rule changes that could affect your property
• Rental restrictions if buying for investment
• Special assessments history
• Enforcement patterns within the community

Consider having legal counsel review documents before closing, especially for significant purchases. An attorney familiar with Florida condominium and HOA law can identify potential issues.

Active participation protects your interests once you own property in an HOA community. Attend board meetings regularly to stay informed about potential amendments. Join committees to influence decisions from within. Network with neighbors before disagreements arise.

Consider running for the board if you have time. Board service provides direct input into HOA decisions and helps ensure proper procedures and adherence to governing documents.

Maintain organized records to protect yourself:

• Keep all HOA communications and notices
• Document violations with photos and witnesses
• Save different versions of bylaws and governing documents
• Track voting records and meeting minutes
• Note patterns of selective enforcement

This documentation becomes invaluable if you need to challenge HOA actions or seek legal advice about a dispute.

With Florida Statute 720.3045, many existing HOA rules became unenforceable. Associations cannot regulate storage sheds, play equipment, garden decorations, or boats that aren’t visible from the street. Yet some HOAs continue trying to impose these now-illegal restrictions.

If cited for backyard items, document that they’re not visible from restricted vantage points. Take photographs from the street, adjacent properties, and common areas. Cite the relevant statute in your response and demand withdrawal of the violation notice.

Some associations try to circumvent statutory limits by claiming each day represents a separate violation or by imposing “administrative fees” beyond what’s allowed. Remember that Florida law caps fines at $100 per violation with a $1,000 aggregate maximum, and fines under $1,000 cannot become liens.

Challenge any fines exceeding these amounts immediately.

HOAs sometimes attempt to apply new rental restrictions retroactively or impose unreasonable approval requirements. If you purchased before July 1, 2021, or before rental by-law amendments were enacted, assert your grandfathered rights under Chapter 720.

Document when you purchased and what rental rights existed at that time.

Consider consulting an HOA attorney when:

• Facing significant fines or legal action from your homeowner association
• Property rights you relied upon are being restricted
• The HOA refuses to follow proper procedures or comply with state law
• Discrimination or selective enforcement occurs
• Substantial financial interests are at stake
• You need help navigating complex documents that pertain to your rights

An experienced attorney can review documents for compliance, negotiate with the association, represent you in hearings, file necessary legal actions, and protect your property rights while maintaining your ability to enjoy your home.

Can an HOA change rules after purchase? Yes, but Florida law provides robust protections for homeowners who understand and assert their rights. The key lies in knowing what HOAs can and cannot dictate, recognizing when they’ve crossed legal boundaries, and taking appropriate action to push back against overreach.

Don’t wait until improper amendments or regulations damage your property value or lifestyle. If your Florida hoa has enacted questionable rule changes or you’re facing enforcement actions, take these steps immediately:

• Document everything pertaining to the disagreement
• Review your association’s documents and existing bylaws
• Verify proper procedures and voting requirements were followed
• Build support among community members
• Seek professional legal counsel when needed

Whether you own a single-family home, condominium, or cooperative within an HOA community, understanding these protections is essential. Developers, prospective buyers, and current homeowners must all navigate the complex landscape of Florida law that must follow specific procedures.

The team at Gomez Law understands the complexities of Fla. homeowner association law and stands ready to protect your rights. Whether you’re dealing with improper amendment procedures, excessive fines, disagreements over property maintenance including roof upkeep, or discrimination, we have the experience to help you fight back against HOA overreach.

Contact our law offices today for a consultation about your HOA dispute. Know your rights, protect your investment, and ensure your association follows Florida law. Your home is your castle—don’t let an overreaching HOA change things without proper authority and homeowners must receive due process and adherence to proper procedures that govern these important decisions.