Property management and hoas: how to rent your home and stay hoa-board approved? (2023)

Can a renter be on the HOA board in Florida?

Florida law say no, with one real exception. The annual meeting is a "Unit Owner" or "Membership" meeting. By definition a renter is neither a unit owner nor a member of the association and therefore has no right to attend any meeting.

Suing the Association - Only the owner of the property can file a legal action against the HOA. Since the tenants are not property owners, they have no authority to enforce a CC&R or sue.

HOA/Condo laws in Florida allow HOAs considerable discretion in approving or denying potential buyers and renters. While associations can apply the screening process to deny buyers and renters, the decision cannot be discriminatory or violate the Fair Housing Act.

So, does a condo association have the power to evict? The short answer is yes. The longer answer is that it's complicated and to get to that final eviction verdict, many measures must be taken first. Additionally, it is much less of a process to evict a tenant rather than an owner.

Can HOAs prohibit rentals in Florida? Generally, yes. Homeowners' associations can either create rental restrictions or prohibit homeowners from renting out their units.

Fortunately, Florida does allow HOAs to take action against tenants, up to and including eviction, but only in specific circumstances. There are procedures that must be followed in order for the process to be legal.

Florida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order. The only exception to this is if you have legally abandoned your place.

As a general rule, members of the HOA are allowed to enter another person's property only in emergencies, to inspect for rule violations, or to perform maintenance or repairs on a common element.

Any person over the age of 18 is legally qualified to serve as a director. However, the declaration, articles of incorporation or bylaws for your community can (and often do) require that directors be members of the association. Sometimes, they state that spouses of members may also serve.

Can renters attend condo board meetings in Florida?

Some HOA boards do allow tenants to attend meetings, but they must not behave inappropriately. Legally, though, tenants don't have a right to attend such meetings. An attorney, on the other hand, might be allowed to attend a meeting if they are already a member of the HOA in the first place.

Rather the Condominium Act, Chapter 718, Florida Statutes, restricts co-owners from serving on the board together.

Chapter 617 (specifically Section 617.0802), provides that Directors are only required to be natural persons who are 18 years of age or older, and need not be residents of the State of Florida or members of the corporation unless the Articles of Incorporation or Bylaws so require.