Student accommodation may contain ancillary uses that are compatible with student living, such as cafes, cafeterias, laundry services, food stores and residences. Homeowners Associations (HOAs) often implement restrictive agreements to prevent landlords from performing certain activities. For instance, a restrictive pact may forbid residents from running a business from their home. In Florida, gambling is considered to be a “fairly strict state in banning gambling”.
Most HOAs view their gaming activities as nothing more than “having a little fun or a creative way to raise money for a community project”. However, without proper planning and controls, this “little fun” could cause serious issues for the community. A HOA is a non-profit organization that oversees the maintenance and management of a residential community. If an association allows the use of the common elements of the community for illegal gaming operations, it could violate Article 849.01 (200), which prohibits maintaining a “gambling house”.
This could lead to significant liability for the association. It is essential for HOAs to understand that engaging in or permitting prohibited gaming activities could involve the association with significant liability. Therefore, it is important for HOAs to be aware of the restrictions on activities that can take place in common areas of their residential community.
