On June 25, 2024, AKAM hosted a webinar featuring Steven Rappaport from Community Association Law and Sachs Sax Caplan Attorneys, which focused on HOA covenants enforcement. The session covered the importance of governing documents, the process for amending rules and declarations, and recent legislative changes affecting HOAs. Practical tips included starting with communication to resolve violations, thorough documentation, and using independent committees for fines and suspensions. The webinar concluded with a reminder to consult association counsel for specific issues and stay updated on legislative changes.
Covenant & Violations Enforcements In Your Florida Community
- Host: Eric Malloy, with Steven Rappaport (Partner, Community Association Law, Sachs Sax Caplan).
- Focus: Covenant enforcement in community associations.
Overview of Covenant Enforcement
- Governing Documents
- Covenants: Declaration of Condominium (for condos) or Declaration of Restrictions/Covenants (for HOAs).
- Rules and regulations: Board-adopted policies.
- Hierarchy and Enforcement
- Declaration provisions supersede rules.
- Enforcement: Ensure rules are reasonable and don’t conflict with the declaration.
- Process
- Identify the provision and determine if it’s a rule or declaration.
- Ensure proper board vote and notice for rules.
- Address conflicts between rules and the declaration.
- Amendments
- Declaration amendments usually require a 2/3 or 3/4 vote of the membership.
- Amend rules by board vote; ensure proper notice and compliance.
Challenges and Recent Legislative Changes
- Recent Legislation
- HOAs: Restrictions on prohibiting certain vehicles and vendors without a license.
- Changes affecting trash can violations and holiday lighting.
- Self-Help Remedies
- Associations may have the right to perform necessary remedial work.
- Legal obligations and safety considerations for self-help remedies.
Practical Takeaways
- Communication: Start with conversations to resolve violations.
- Documentation: Ensure thorough documentation of violations.
- Violation Letters: Use courtesy and follow-up letters before escalation.
- Committees: Use independent committees for fines and suspensions.
- Legal Remedies: Understand the process for fines, suspensions, and lawsuits.
Q&A Highlights
- Marijuana Odors: Address as a nuisance if it affects neighbors.
- Fair Housing Act: Accommodations for emotional support animals and reasonable modifications for disabilities.
Conclusion
- Consult with association counsel for specific issues.
- Keep up with legislative changes and ensure compliance.
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