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Can a HOA Charge Me Every Time I Leave My Property?

Can a HOA Charge Me Every Time I Leave My Property?

Q: Can a HOA board change the rules in Florida?

Yes, a HOA board can change rules in Florida, but they must do so in accordance with the community's governing documents. This often requires a formal process, including notice to members and possibly a vote. Changes should be reasonable and not violate any state laws or existing agreements.

Q: Can a Florida HOA change rules without a vote?

In Florida, an HOA may change certain rules without a member vote if the governing documents allow it. However, significant changes typically require member approval. It's essential for the board to follow the procedures set forth in the bylaws to ensure compliance and avoid disputes.

Q: Can a new HOA Board change the rules?

Yes, a new HOA Board can change the rules, provided they adhere to the existing governing documents and state laws. They must follow the proper procedures for rule changes, which may include notifying members and obtaining necessary approvals. Transparency is key to maintaining trust within the community.

Full question:

I own a home in Florida. My community is now changing their transponder rules and since I travel back and forth on a regular basis and do not have a permanent car in my home garage, they plan to charge me each time I access my own property...seems discriminatory to me?

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: Florida

Answer:

If you are saying that you get charged every time you use the community's gate to leave and only people who stay home aren't charged, that's probably more of an ecomonic than a discrimination issue. The Fair Housing Act prevents many types of discrimination in housing. For example, it prohibits discrimination against families with children under 18. That's considered discrimination based on familial status. It protects only certain classes of people there is no category based upon how much you stay home.

Rules need to be stated in a way not to discriminate against a certain covered class, such as by age. For example, rather than saying, 'Children may not play in the driveway,' the rules should state, 'Persons may not play in the driveway.' A pool rule, rather than saying, 'People under the age of X must be accompanied by a person over the age of Y,' should state state, 'If you're under 48 inches tall, you must be accompanied by a person over 48 inches tall.'

FAQs

Can the HOA Board change bylaws in Florida?

Yes, the HOA Board in Florida can change bylaws, but they must follow specific procedures outlined in the governing documents. Typically, changes require a vote by the board and may need approval from the members, depending on the bylaws. It’s important for the board to ensure that any changes comply with Florida law and the community's governing documents.

How much power do HOAs have in Florida?

HOAs in Florida have significant authority to enforce rules and regulations within their communities. They can manage common areas, impose fines for violations, and establish rules regarding property use. However, their powers are limited by state law and the community's governing documents, which must be followed to ensure fairness and transparency.