By Eric Glazer, Esq.

Published April 13, 2020


Last week we suggested that now was a good time to consider spending some time reviewing your declaration and finally trying to amend those provisions that need amending. I hope you listened.

Since we’re not quite back to life being normal, keep busy and now think about amending your rules. Some general guidelines first:

  1. Rules have to have a legitimate purpose. They cannot be arbitrary and capricious.

  2. The Rules should be related to the health, welfare and safety of the community;

  3. Rules can generally be made by the board and do no not require a vote of the owners.

  4. Some bylaws allow the boards not only the power to make rules regarding the common areas, but also to make rules in regards to unit use.

  5. If the board wants to make rules regarding unit use, notice of the meeting must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting.

  6. A board cannot make a rule that in effect changes the declaration. For example, if the declaration says dogs are allowed. The board can’t make a rule that says dogs are not allowed. An amendment to the declaration would be required.

Typical rules can be:
Paint colors for the exterior of a home, hours of operation for the pool, the clubhouse, the laundry rooms, when garbage cans should be put by the curb and hauled back in, how often a roof should be pressure cleaned, and who gets to park where in a condo where the common spaces are not limited common elements. There are many more examples.

The Florida Homeowner’s Association Statute now considers the rules to be part of your governing documents. The Act also states that amendments to your “governing documents” do not take effect until recorded in the county where the property is located. So, when amending your rules, make sure you record them.

I’ll keep giving you stuff to keep you busy. In the meantime, wishing you and yours only the best of health.

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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 more than 2

decades and is the owner of Glazer and Sachs, P.A. a seven attorney law firm with offices in Fort Lauderdale and Orlando and satellite offices in Naples, Fort Myers and Tampa.


Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at noon each Sunday on 850 WFTL.




He is the first attorney in the State of Florida that designed a course that certifies condominium residents as eligible to serve on a condominium Board of Directors and has now certified more than 10,000 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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