Living in a condominium or homeowners’ association (HOA) community comes with benefits—shared amenities, maintained landscaping, and uniform standards that protect property values. But those benefits come with strings attached: rules matter, and how you get approval matters even more.
One of the most common (and expensive) mistakes we see is this:
“The HOA president said it was fine.”
Unfortunately, under Florida law, that sentence rarely saves you.
Written Approval Is King—Not Casual Conversations
Most condominium and HOA governing documents—Declarations, Bylaws, and Rules—require written board approval before an owner makes any exterior or common-element modification. That includes:
- Landscaping changes
- Fence installations
- Patios, pavers, or walkways
- Exterior paint colors
- Alterations affecting common areas or limited common elements
If the documents say approval must be in writing, verbal permission—no matter how well-intentioned—does not override that requirement.
Courts consistently enforce this principle because associations must act collectively and formally, not casually or individually.
A Real Florida Case With a Hard Lesson
In Curci Village Condo Ass’n v. Santa Maria, a unit owner relied on verbal permission allegedly given by the association president before making landscaping changes. The problem?
The governing documents required written approval
No written approval existed
The board never formally approved the modification
The court sided with the association and ordered the owner to remove the alterations—despite the owner’s belief that they had permission.
The takeaway is blunt but important:
HOA presidents do not get to rewrite the rules in the parking lot.
“But They Knew About It” — Why Estoppel Rarely Saves Owners
Owners often argue that the association should be “estopped” from enforcing the rules because:
- A board member verbally approved the change
- The association knew about it and didn’t object immediately
- The owner relied on the approval in good faith
Here’s the reality: Estoppel is a narrow, uphill argument in HOA disputes.
Florida courts generally hold that:
- Associations are governed by written documents
- Owners are charged with knowing those documents (“constructive notice”)
- Informal or unauthorized statements by board members do not bind the association
If the documents require written approval, courts expect owners to follow that process—period.
Why Associations Enforce These Rules (Even When It Feels Harsh)
From the board’s perspective, inconsistent enforcement is dangerous. If one owner is allowed to rely on verbal permission, others will demand the same treatment—and suddenly the rules mean nothing.
That’s why associations often have no choice but to enforce violations, even when:
- The change looks nice
- The owner acted without bad intent
- The approval seemed reasonable at the time
Selective enforcement is one of the fastest ways an association loses control—and loses in court.
Practical Advice for Owners (Read This Before You Modify Anything)
If you live in a condo or HOA community:
- Assume nothing
- Even friendly board members can’t waive formal requirements.
- Get it in writing
If approval matters, written approval is not optional.
Follow the stated process:
- Architectural review committees, forms, deadlines—yes, they’re annoying. They’re also enforceable.
- Keep your records
- Emails, approval letters, stamped applications—save everything.
- Ask a lawyer before you build, not after
Legal advice before construction is far cheaper than litigation after.
Final Word: Rules Are Only Flexible If the Documents Say They Are
Condominium and HOA disputes often start small—a plant, a fence, a patio—and escalate quickly into enforcement actions, fines, or lawsuits. The common thread in many of these cases is reliance on informal assurances instead of formal approval.
If your governing documents require written consent, verbal permission is not protection—and courts will not rescue you from that mistake.
If you’re facing an HOA enforcement issue or want guidance before making a property modification, speaking with an attorney who understands Florida condominium and HOA law can save you time, money, and stress.
Because in HOA living, the rule is simple:
If it’s not in writing, it didn’t happen.
Help Us Help You
If you are reading this after a modification has already been made, do not assume the situation is hopeless—or that confrontation is your only option. In many cases, there are ways to strategically intervene, communicate with the association, and explore whether a variance, retroactive approval, or negotiated compromise is possible. Our role is to help balance the association’s obligation to enforce its governing documents with an owner’s rights and practical realities, often with the goal of minimizing disruption, expense, and long-term consequences. The sooner these issues are addressed, the more options tend to be available. If you find yourself in this position, reaching out early can make the difference between a workable resolution and an avoidable escalation.
