In Florida, HOA and condo disputes usually rise or fall on the written documents that control the community: the Declaration/CC&Rs, the bylaws, and the rules and regulations. These papers can determine whether you may rent your unit, change flooring, install impact windows, keep certain pets, or make exterior improvements without triggering violations or fines.
They also define what the association must do before it enforces such as notice requirements, hearing rights, voting thresholds, and the limits of board authority. Florida statutes sit above the documents and can require specific procedures or restrict what an association may prohibit, so a board’s “policy” is not automatically enforceable just because it exists.
The advantage of learning the document hierarchy early is leverage because you can respond with the exact provisions that apply instead of reacting to a demand letter on the association’s terms.
Start with the Declaration/CC&Rs because it usually carries the strongest property-based restrictions, then move to the bylaws and the rules that govern daily enforcement. If a board decision affects your ability to rent, renovate, keep a pet, or sell, the best HOA attorney in Florida can review your governing documents, identify enforcement limits, and outline next steps based on the written authority.
CC&Rs and the Declaration
The Declaration (often called CC&Rs) is typically recorded in the county’s official records and is the document most likely to control property-use restrictions and owner obligations. Because it is recorded, it “runs with the land,” meaning it binds current and future owners. Practically, the declaration is where you find the big-ticket rules: maintenance responsibility, assessment obligations, architectural controls, leasing limits, use restrictions, and enforcement tools like fines or suspension (if allowed).
For condominium communities, Florida law ties operations to the recorded declaration and related documents; Florida’s statutory scheme recognizes condos and sets out procedures for creation and operation. In real disputes, owners often learn that a “rule” posted online is not enough unless the declaration (or statute) authorizes that type of restriction and enforcement method. When a declaration is unclear or conflicts with later board policies, reviewing the recorded language is the starting point for disputes because the governing documents are the same kind of evidence no matter which county you are in.
If you need Florida condo attorneys to assess whether a restriction is enforceable as written, the first question is usually: what does the declaration authorize, and did the association follow the required process?
Bylaws
Bylaws matter because they dictate how decisions must be made—notice requirements, quorum, voting thresholds, director elections, recall procedures, meeting rules, and sometimes limits on board authority. Many disputes that feel personal are really procedural: owners argue the board adopted a budget, levy, or policy without proper notice, without a quorum, or without the vote the bylaws require.
Florida condo law also places key governance provisions in statute; for example, Florida’s condo statute addresses association governance and related requirements. For HOAs, Chapter 720 includes provisions on association powers, duties, and recordkeeping, which can affect whether an owner can demand documents and challenge actions.
This is where a condo law attorney can add value: not by repeating what the board says, but by mapping the timeline against what the bylaws and statutes require.
Rules and Regulations
Rules and regulations are where most “daily life” conflicts live: parking, pets, pool rules, holiday décor, move-in procedures, renovation hours, and behavioral standards. Noise is a constant example. Many owners refer to Florida condo noise laws, but in practice the key sources may include (1) local ordinances and (2) the community’s own declaration and rule set (quiet hours, nuisance provisions, flooring or underlayment requirements, and enforcement steps).
Rules must still fit within higher authority. If the declaration does not allow a restriction, a rule alone may not be enough to create it. Different documents carry different weight, and conflicts should be evaluated with that hierarchy in mind.
When rule enforcement feels uneven (one owner cited while others are ignored), owners should document comparators and timelines because selective enforcement arguments are a recognized theme in Florida association disputes. If you are looking for lawyers for condo owners, that evidence-driven approach often determines whether the dispute becomes a quick correction or an expensive escalation.
Make the Documents Work for You with the Right FL HOA Attorney
Florida associations have real authority, but that authority is limited by Chapter 718/720 requirements and the exact language of the recorded declaration, bylaws, and properly adopted rules, so owners who gather records early and tie every claim to the written text tend to protect their position more effectively.
If you need a document review and a practical strategy for an HOA or condo dispute, Ferrer Law Group can help you press for compliance, challenge overreach, and pursue a resolution that protects your property value. Contact us today to request a consultation with a South Florida HOA attorney.
