Rules & Regulations and Owner Fining Information Applicable to All Condo Associations
Rules & Regulations Defined
Reasonable restrictions concerning use, occupancy and transfer of condominium units are necessary for operation and protection of condominium owners.
Rule making authority is delegated to the Board of Directors who can add, change or delete rules through a simple majority vote of the board members. For a rule to be valid:
- The Board of Directors MUST have the authority to enact the rule. This means that the Declaration of Condominium or other governing documents for the community, such as the Bylaws and/or Articles of Incorporation, must give the Board of Directors the authority to make the Rules and Regulations;
- The Rules and Regulations MUST not conflict with rights conferred in the Declaration of Condominium, other governing documents, or Florida Statutes Chapter 718; and
- The Rules and Regulations MUST be reasonable, in that the Rule must be in furtherance of a legitimate purpose of the community association.
The board has the authority to make and amend rules for both the use of common elements and individual units. Rules can be developed and proposed through a board-appointed legal or rules & regulations committee; however, the final rule making authority rests with the board. Rules are approved by the board members at a special board meeting complying with specific requirements, per FL Statute 718.112(2)(c)1:
- Providing a 14-day meeting notice,
- Including all agenda items within the notice,
- Posting of the notice on association property,
- Mailing, delivering, or transmitting the notice to unit owners, and
- Filing an affidavit attesting to compliance with statutory requirements.
Although not explicitly stated in the statute, a copy of the proposed rule changes should be included with the notice.
Florida Statutes Regarding Rules
- 718.111(12)(a)5.: The official records of the association shall include a current copy of the rules.
- 718.106(4): The association shall have the right to adopt rules to prohibit dual usage by a unit owner and a tenant of association property and common elements otherwise readily available for use generally by unit owners.
- 718.111(11)(j)1.: A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused by failure to comply with the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer.
- 718.111(12)(c)1.: An association member, authorized representative of such member, or a renter of a unit has the right to inspect at all reasonable times and copy the association’s rules. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying.
- 718.111(12)(c)3.: The association shall maintain an adequate number of copies of the rules and all amendments to them.
- 718.111(12)(g)2.d.: The association's website must contain a current copy of the rules of the association.
- 718.112(2)(a)2.: The association may through its board of administration adopt reasonable rules and regulations regarding the frequency and manner of responding to unit owner inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any given 30-day period.
- 718.112(2)(c): The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements at board meetings.
- 718.112(2)(d)7.: Unit owners have the right to participate in meetings of unit owners with reference to all designated agenda items. However, the association may adopt reasonable rules governing the frequency, duration, and manner of unit owner participation.
- 718.112(3): The bylaws as originally recorded or as amended under the procedures provided therein may provide for a method of adopting and amending administrative rules and regulations governing the details of the operation and use of the common elements.
- 718.113(4): Any unit owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations.
- 718.123(1): The entity or entities responsible for the operation of the common elements, common areas, and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common elements, common areas, and recreational facilities. No entity or entities shall unreasonably restrict any unit owner’s right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in common elements, common areas, and recreational facilities.
- 718.303(3): The association may levy reasonable fines for the failure of the owner of the unit or its occupant, licensee, or invitee to comply with any provision of the reasonable rules of the association.
- 718.303(3)(a): An association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the reasonable rules of the association.
- $100 per owner violation with $1,000 max – 14-day notice & opportunity for hearing before a committee of at least 3 members.
- Owner can be suspended from using common areas if more than 90 days delinquent in paying monetary obligations.
- Smoking – $100 for 1st occurrence, $500 subsequent occurrences.
- Fines under $1,000 may not become a lien against the condo or parcel.
- Association is allowed to undertake reconstruction work on items that are the responsibility of the unit owner, charge those costs to the unit owner and collect those costs through lien and foreclosure procedures.
Rules & Regulations Categories
Following is a sample list of categories for the development of an association's Rules & Regulations:
|1. Entrances & Exits||29. Inspection of Records|
|2. Storage||30. Unit Sales & Management|
|3. Noise Control||31. Leasing of Units|
|4. Signs & Notices||32. Unit Property Insurance|
|5. Unit Owner Keys||33. Alterations by Unit Owner|
|6. Hurricane Preparation||34. Unit Maintenance & Repair|
|7. Supervision of Children||35. Building Restoration|
|8. Skating on Property||36. Hurricane Shutters|
|9. Windows & Window Coverings||37. Owner Delinquencies|
|10. Unit Floor Coverings||38. Security|
|11. Unit External Appearance||39. Association Employee Tasks|
|12. Sewerage Lines||40. Owner Directory|
|13. Falling Objects||41. Association Website|
|14. Elec. Transmitters & Receivers||42. Owner Inquiries|
|15. Deliveries||43. Recording & Speaking at Meetings|
|16. Trash & Recyclables||44. Committees|
|17. Dress Code||45. Financial Policy|
|18. Restricted Access||46. Landscaping & Property Grounds|
|19. Solicitation||47. Swimming Pools|
|20. Unpleasant Odors||48. Tennis Courts|
|21. Smoke & Dust||49. Bocce Ball Court|
|22. Patio Grills||50. Pest Control|
|23. Flammable Liquids||51. Community Barbeque Grills|
|24. Vehicles & Parking||52. Wildlife|
|25. Pets||53. Waterbeds|
|26. Unit Occupancy||54. Fines, Penalties & Suspension|
|27. Rule Compliance||55. Actions Against Tenants|
|28. No Enforcement Waiver of Rights||56. Responsibility Transfer to Agent|
Sample Rules Poster
|Vehicles:||Parking Permits are required for ALL cars parked overnight. Permits are to be Displayed Prominently on driver’s side lower front windshield. Boats, trailers, motorcycles, recreational vehicles and buses are not allowed on the property. Trucks are ONLY allowed for deliveries and Association/owner work. Cars parked overnight without a permit and unauthorized trucks will be towed at the owner’s expense. Obtain car parking Permits at the Management Office.|
|Pets:||Pets must not exceed 20 pounds. They must not cause a disturbance, loud noise or nuisance. Pet owner must clean up any waste left by their pet. Pets must be on a leash or under the direct control of their owner when outside the unit.|
|Trash:||All refuse, waste and garbage is to be wrapped in sealed bags before disposing in trash chutes located beside the elevators. Heavy items are to be placed in trash room dumpsters located on the ground floor. Recyclables are to be placed in separate bins on the ground floor.|
|Shopping Carts:||Shopping Carts are provided at each building for carrying groceries, luggage and other items to and from units. They are to be returned to the ground floors immediately after use.|
|Patios:||No fires or barbecues are permitted on patios. Smoking on patios must not interfere with the activities of others including those in adjacent units.|
|Noise:||No loud noise or high volume music is allowed at any time. Quiet hours are 10:30pm to 8:00am.|
|Buildings:||Laundry, rugs, clothing or towels may not be hung over the balcony rail. No sign, advertisement or notice may be displayed.|
|Pools:||Pools, Elevators, and the Association office are NO SMOKING AREAS. Pool hours are 9:00am to Dusk. No lifeguard on duty! Pool Rules are posted at the Pools.|
|Sports:||Children must be supervised by an adult. Skateboarding, Rollerblading & Scootering are NOT permitted on My Condo Association property.|