Understanding Restrictions on Private Property in Boca Raton Homeowners Associations

For some expanding Homeowners Associations (HOAs) in Boca Raton, Florida, minimum square foot requirements are common provisions found in such agreements. These restrictions are intended to maintain uniformity in terms of the types of homes located within the community, as homes that are too small or too large compared to all others could be considered to have a detrimental effect on the value of the enclave's property. The Altamonte Heights Condo Association was taken to court when it tried to remove an owner's emotional support dog who was suffering from PTSD, as it overcame the weight restriction. The law provides protections similar to those of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) in relation to service animals, excluding emotional support animals from its housing and housing requirements for a person with a disability.

It is a second-degree misdemeanor to falsify that they are qualified to use a service animal. The Summer Brook Preserve Homeowners Association was taken to court in 641 F.3d 1220, where it was found that fines imposed by a homeowners' association for violation of community rules do not create a debt, according to the Fair Debt Collection Practices Act (FDCPA). The Florida Administrative Code has Arbitration Procedure Rules Governing Revocation and Election Disputes in Homeowner Associations, Chapters 61B-80 to 81, which govern the arbitration of electoral disputes and revocation disputes that arise in homeowners' associations governed by Chapter 720 of the Florida Statutes. The Florida Human Relations Commission is responsible for enforcing the state's civil rights laws in Florida, including the Florida Fair Housing Act.

Victims of housing discrimination can file a complaint with this agency or the U. S. Department of Housing and Urban Development (HUD) within one year from the date of the discriminatory act. Victims can also file a private lawsuit with the federal district court within two years after the discriminatory act.

The Attorney General's office plays a vital role in protecting the state's citizens and has issued letters of legal opinion on issues related to homeowners' associations. The Department of Business and Professional Regulation (DBPR) is responsible for searching records of companies and professionals authorized by the department, and may intervene in matters related to elections, revocations and mediation on issues related to the implementation of the pact. The Florida Department of State provides information on elections, businesses, licenses and securities. HOAs have limited authority and cannot impose fines without valid cause.

An association can fine a resident for violating Covenants, Conditions %26 Restrictions (CC%26R), but it cannot fine you simply because it has the power to do so. It allows developers to end their responsibility for the community, usually by transferring ownership from the association to owners after sale. Unenforceable HOA rules should be familiarized with first before understanding what they are. Homeowners' associations should keep in mind that while they have capacity to enforce regulations, that authority has limits and not all rules are applicable.

The Whisper Walk information has not been verified or approved by either the developer or homeowners association. The Community Associations Institute (CAI) includes members of the association's board of directors and other volunteer leaders such as landlords, community managers, association management firms, lawyers, accountants and reservation specialists who offer products and services to associations. Owners can enter their community name or subdivision into an HOA Directory to find contact information, board members list and corporate documents such as bylaws. A recent lawsuit was filed by Boca Raton Bath Tennis Club Owners Association %26 against owner Lynn Min for alleged violations of several provisions found in documents governing the community.

The law expressly prohibits local governments and homeowners' associations from adopting restrictions, agreements or regulations that prohibit installation of solar collectors, drying racks or other energy devices based on renewable resources. Homeowners facing potential collection action should understand how HOA collection process works and legal rights and compensation available to both homeowners and association. Medical services are provided by West Boca Medical Center, Boca Raton Regional Hospital and Delray Medical Center.Options available for landlord facing enforcement of improper agreement by HOA or singled out for inconsistent application vary from state to state based on nature of pact in question. Its location in Boca Raton is ideal for retirees and means homeowners will never be far from beaches, entertainment and shopping.

In many states associations do not have power to prevent landlords from placing political signs especially during elections.Most HOAs are not-for-profit organizations subject to state statutes governing non-profit corporations and homeowners' associations.

Kevin Gilstad
Kevin Gilstad

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