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Under Davis–Stirling, a developer of a common interest development is able to create a homeowner association (HOA) to govern the development. As part of creating the HOA, the developer records a document known as the Declaration of Covenants, Conditions, and Restrictions against the units or parcels within the HOA with the county recorder.
Here’s what HOAs in Florida can and can’t do to their residents under the new Florida HOA laws and which HOA rules residents can legally fight.
Florida is second in the nation for the most homeowner associations. But what do HOAs do? Can homeowners opt out? And what are the new HOA laws?
A homeowner association (or homeowners' association [HOA], sometimes referred to as a property owners' association [POA], common interest development [CID], or homeowner community) is a private, legally-incorporated organization that governs a housing community, collects dues, and sets rules for its residents. [1]
In 2022, the Florida legislature enacted changes to the Condo Act that would require all structures above three stories to have structural reserve studies done, and, starting in January of 2026 ...
Hidden Valley Lake (a.k.a. Hidden Valley Lake Association), as a CID or Homeowners Association, is a non-profit corporation under California law and is covered by the California Corporations Code and the Davis-Stirling Act.
The Florida Legislature specifically designed the state’s HOA law to limit government’s ability to regulate HOAs, explaining, “It is not in the best interest of homeowners’ associations or ...
The Florida Constitution, in Article V, Section 2(a), vests the power to adopt rules for the "practice and procedure in all courts" in the Florida Supreme Court, which has adopted the Florida Rules of Civil Procedure. Although Title VI of the Florida Statutes is labeled "Civil Practice and Procedure", the statutes it contains are limited to ...