Are use restrictions for a property recorded in the Public Record?
Typical use restrictions for condominiums are things like:
Pets – No pets or 2 pets under 25 lbs ect
Vehicles – No trucks, no commercial vehicles
Renting – No renting for the first year of ownership or minimum 90 day lease term and not more than twice a year.
In a condominium these use restrictions are typically found in the recorded declaration of condominium (or amendment thereto) documents in a section titled ‘Use Restrictions’. HOWEVER, if these recorded documents are silent on a particular issue and these same recorded documents allow for the board to adopt rules then the Board of Directors may adopt “reasonable” rules. What’s reasonable? That’s open for interpretation but I recently listed a property where the board adopted a policy that trucks were allowed nut only certain sized, non-commercial ones and they must be parked in certain spots. Reasonable?
In a Home Owners Association (HOA) , as of July 1, 2018, a new law found in FS 720.306(1) requires that all “amendments to the governing documents” must be recorded in the public record to be enforceable. The definition of “governing documents” under Chapter 720 includes board adopted rules. So, if the board-adopted rules existing before July 1, 2018, have not been recorded, that is OK (assuming the association’s other governing documents did not already require it). However, as of July 1, any amendments to the existing rules must be recorded in the public records.
