Can A Florida Condominium Association Or An HOA Restrict The Sale Or Rental Of A Condo Unit Or A Home?

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In this article, you will discover:

• The rights of HOA/CA in selling property
• How HOA/CA governing documents can be changed/amended

As a homeowner, you have the right to freely alienate your property, meaning that you have the right to sell the property. Many condominium documents have what is known as the right of first refusal, giving the association the right to refuse you the right to sell the property to an individual they do not like. If they do so, they must buy it at the price that you are offering. Sometimes the association will do this and then sell the unit for a profit.

Otherwise, the association cannot deny a person under normal circumstances. They only times they can deny someone is if they are a registered sex offender or if they have been convicted of a crime within the last ten years that involves a known dangerous activity.

Can A South Florida HOA Or CA Change Our Bylaws Governing Documents Or Covenants At Any Time?

Yes, the governing documents can be amended, but the association documents will provided for a method of amendment. It typically requires at a minimum the simple majority of owners to vote in favor of the amendment. Often, it will require a two-thirds approval or higher threshold.

For more information on Community Association Law in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 363-6066 today.