Florida Covenant Enforcement Attorneys

Reviewed by Jason Hamilton Mikes, JD, MBA · September 23, 2026 · Florida Statutes as of July 1, 2026

Covenant Enforcement for Florida Community Associations

The covenants in a declaration are promises every owner made when they bought, and the association is the party charged with keeping them. Florida law gives associations a defined set of tools for doing so, fines, suspensions, injunctions, and fee-shifting among them, and a defined set of procedures that must precede each one. It also gives owners defenses, and the most common of those, selective enforcement, is created by the association's own inconsistency. Hamilton Mikes represents condominiums, homeowners associations, cooperatives, mobile home communities, clubs, and marinas throughout Southwest Florida in every stage of covenant enforcement, from the first courtesy letter to the injunction, and in the policy work that makes the later stages unnecessary.

The Source and Limits of Enforcement Authority

An association may enforce only what its documents actually say. Restrictions in a recorded declaration are presumed valid and will be enforced unless they are arbitrary, contrary to public policy, or in violation of a constitutional right; that is the standard the Fourth District announced in Hidden Harbour Estates, Inc. v. Basso (Fla. 4th DCA 1981), and Florida courts have followed it since. Rules adopted by the board receive less deference: they must be within the authority the declaration grants, reasonable in relation to a legitimate purpose, and consistent with the declaration. A rule that contradicts a right the declaration confers is unenforceable no matter how sensible it is.

The statutes then subtract. Chapter 720 forbids homeowners associations to enforce restrictions on displaying the United States flag and specified other flags (section 720.304), on Florida-friendly landscaping and on parking personal vehicles, including pickup trucks and work vehicles, in a driveway (section 720.3075), on the interior of a home and on items such as artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles that are not visible from the frontage, an adjacent parcel, an adjacent common area, or a community golf course (sections 720.3035(1)(b) and 720.3045), and, since 2024, to fine for garbage receptacles left out within 24 hours before or after collection day or for holiday decorations until a week after written notice (section 720.305(2)). Both chapters protect solar collectors under section 163.04, hurricane protection specifications, and religious displays on unit doors. Fair housing law overrides any restriction as applied to a resident who needs a reasonable accommodation. Before an enforcement letter is sent, the question is not only whether the owner violated the covenant but whether the covenant is one the association may still enforce.

Fines and Suspensions

Fines are the enforcement tool most boards reach for first and misuse most often. Under Chapter 718 a condominium association may fine an owner, tenant, or guest up to $100 per violation, and up to $100 per day for a continuing violation, with an aggregate cap of $1,000 per violation; condominium fines never become liens. Under Chapter 720 the same amounts apply unless the governing documents authorize higher fines, and a homeowners association fine of $1,000 or more may become a lien on the parcel. In both, no fine may be imposed until the owner has been given at least 14 days' written notice and an opportunity for a hearing before a committee of owners who are not directors, officers, or employees, or their spouses, parents, children, or siblings. The board proposes; the committee decides. If the committee does not approve the fine, it may not be imposed. The 2024 amendments to Chapter 720 added detail: the notice must describe the violation and the fine proposed, the committee must provide written notice of its decision within seven days, and the owner has at least 30 days from that notice to pay. The 2024 amendments also require homeowners associations to give owners a copy of the rules and covenants they will be fined under.

Suspension of an owner's right to use common facilities, other than those needed to reach the unit, utility services, parking, and elevators, follows the same committee procedure for covenant violations. Suspensions for nonpayment of assessments more than 90 days delinquent follow a different path: the board imposes them at a properly noticed meeting without a committee hearing, and voting rights may be suspended as well (in a condominium, only when the delinquency also exceeds $1,000, effective 30 days after notice). Our fines, hearings, and suspensions guide walks through each step.

Injunctions, Damages, and Attorney's Fees

When a fine will not cure the violation, the association's remedy is a lawsuit for injunctive relief, damages, or both, which Chapters 718, 719, and 720 authorize expressly. The prevailing party recovers reasonable attorney's fees, which is what makes enforcement litigation economically rational for associations and dangerous for the party that loses. Before filing, a condominium association must either petition the Division for nonbinding arbitration or initiate presuit mediation for disputes within the statutory definition, and a homeowners association must offer presuit mediation for covenant enforcement and other listed disputes under section 720.311. The demand for mediation follows a statutory form, the owner has a set period to respond, and a party who refuses to participate may forfeit the right to recover fees. Most enforcement matters that reach mediation settle there. The ones that do not proceed to county or circuit court depending on the relief sought, where the association must prove the covenant, the violation, and its own compliance with the procedures described above.

Selective Enforcement and Other Defenses

The defense raised in nearly every enforcement case is that the association has tolerated the same violation by others. Selective enforcement, along with its relatives waiver, estoppel, and laches, defeats enforcement when the association knowingly allowed materially similar violations and now singles out one owner. The defense is narrower than owners believe: the prior violations must be comparable, and the association's tolerance must have been knowing. It is also curable. Under Chattel Shipping & Investment, Inc. v. Brickell Place Condominium Association (Fla. 3d DCA 1985), an association that has not enforced a restriction may announce in writing that it will enforce it going forward and then enforce uniformly from that date, though existing violations may have to be grandfathered. The five-year statute of limitations for actions on written instruments, the unreasonableness of a board rule, ambiguity in the covenant, and the owner's need for a fair housing accommodation are the other defenses we see, and each is evaluated before the association commits to a position.

Enforcement Policy: The Work That Prevents Litigation

The associations that spend the least on enforcement litigation are the ones with a written enforcement policy that the manager follows without board involvement in routine cases. We draft policies that specify:

The sequence of notices for each class of violation: courtesy notice, formal notice with a cure period, notice of fining committee hearing, and referral to counsel, with form letters for each
The violation log, recording every observed violation, the notice sent, and the outcome, which is the association's evidence against a selective-enforcement defense
Photographs and dates, because a violation the association cannot prove existed on a particular date cannot be fined for that date
The fining committee's composition and procedure, including how hearings are conducted and how decisions are communicated within the statutory seven days
Escalation criteria identifying which violations go to counsel and when, so that safety, structural, and unauthorized-alteration violations are not fined for a year while the harm continues
Tenant and guest violations, which are enforced against the owner and, where the documents permit, the occupant
The accommodation-request procedure, so that a fair housing request received in the middle of an enforcement matter pauses the matter and routes to counsel

Communities We Serve

Condominium Associations

We represent Condominium Associations in enforcing use restrictions, alteration and architectural rules, leasing and occupancy provisions, pet restrictions, parking and vehicle rules, nuisance covenants, and maintenance obligations under Chapter 718.

Homeowner Associations

We advise Homeowner Associations (HOAs) on Chapter 720 enforcement, including the 2024 limits on fines and rules, architectural violations, unapproved improvements, landscaping and maintenance standards, and lot-use restrictions.

Cooperative Associations

We assist Cooperative Associations with enforcement under Chapter 719 and the proprietary lease, including the occupancy and transfer provisions that give cooperative boards remedies other associations lack.

Mobile Home Communities

We help park owners and homeowners' associations in Mobile Home Communities enforce park rules and rental agreement provisions within Chapter 723, including its notice, mediation, and eviction procedures.

Country Clubs and Golf Communities

We counsel Country Clubs and Golf Communities on member discipline, suspension and expulsion procedures, conduct rules, and the enforcement of mandatory-membership covenants.

Marinas and Waterfront Communities

We advise Marinas and Waterfront Communities on enforcing dock, slip, vessel, and liveaboard rules and on the removal of abandoned or noncompliant vessels.

RV Resorts

We assist RV Resorts with occupancy, length-of-stay, vehicle, and site-improvement rules and their enforcement against owners and guests.

Timeshare and Hotel Condominiums

Enforcement in Timeshare Condominiums and Hotel Condominiums must account for rental-program guests, hospitality operations, and owners who are rarely on site.

Master and Sub-Associations

When a violation implicates both a Master Association and a Sub-Association, we determine which entity has enforcement authority under the documents and coordinate so that the owner does not face inconsistent demands.

Multi-Condominium and Mixed-Use Communities

In Multi-Condominium Associations and Mixed-Use Developments, enforcement against commercial units and shared-facility users raises questions of standing and remedy that residential enforcement does not, and we address them before the first notice is sent.

Frequently Asked Questions About Covenant Enforcement

Must the association enforce every violation?

The association has a duty to enforce its documents reasonably and uniformly, not to litigate every infraction. A written policy that treats similar violations alike, documents the reasons for any exception, and escalates according to stated criteria satisfies the duty and preserves the association's ability to enforce later. What the association may not do is enforce a restriction against one owner while knowingly ignoring the same violation by others.

Can an association fine an owner immediately?

No. A fine may be imposed only after at least 14 days' written notice and an opportunity for a hearing before an independent committee of owners, and only if the committee approves it. A fine imposed without the hearing is unenforceable, and for a homeowners association the 2024 amendments add notice and timing requirements to the process.

What if the owner says the rule is unreasonable?

If the restriction is in the recorded declaration, it is presumed valid and the owner bears a heavy burden to overcome it. If it is a board-adopted rule, the association must show that the rule is within its authority, reasonably related to a legitimate purpose, and consistent with the declaration. We evaluate which category applies before the association takes an enforcement position it may have to defend in court.

What if similar violations were not previously enforced?

The association may still enforce, but it should first cure the inconsistency: give owners written notice that the restriction will be enforced prospectively, decide how existing violations will be treated, and then enforce uniformly from that date. Proceeding against one owner without that step invites a selective-enforcement defense that can defeat the claim and shift the association's fees to the owner.

Can the association recover attorneys' fees?

Yes, if it prevails. Chapters 718, 719, and 720 award reasonable attorney's fees to the prevailing party in enforcement actions, and many declarations contain their own fee provisions. The provision cuts both ways: an association that loses pays the owner's fees, which is why the pre-filing analysis matters.

When should the association file a lawsuit?

When the violation is continuing and material, fines have not cured it or are not available, the required presuit arbitration or mediation has been completed or waived, and the association's own compliance with the covenant and its procedures is documented. Safety hazards, unauthorized structural alterations, and illegal uses justify moving faster; aesthetic violations rarely do.

Contact Hamilton Mikes

Contact Hamilton Mikes, P.A. at 239-594-7227 to discuss an enforcement matter or to adopt an enforcement policy. Related services: Governing Documents, Architectural Review, Fair Housing, Sales, Leases, and Occupancy, and Litigation and Alternative Dispute Resolution.

About this page. This page is published by Hamilton Mikes, P.A. for general educational purposes. It is not legal advice, it is not a legal opinion, and it is not a substitute for advice from a lawyer who has reviewed your association's governing documents and the facts of your situation. Reading it, downloading it, or corresponding with the firm about it does not create an attorney-client relationship. No such relationship arises until the firm and the client have signed a written engagement agreement. Please do not send confidential or time-sensitive information to the firm until a conflicts check has been completed and an engagement is confirmed in writing; information sent before that point may not be treated as privileged.

Scope and currency. This article addresses Florida law as applied to Florida community associations, and the firm is licensed to practice in Florida only. Nothing here should be taken as a statement of the law of any other jurisdiction. Florida's community association statutes have been amended in every regular session since 2021, and subsection numbering has moved more than once in that period. Each page states the edition of the Florida Statutes it was written against. The law may have changed after that date, an appellate court may have construed a provision differently, and an administrative rule or a local ordinance may impose requirements this page does not address.

Your governing documents control. Much of what governs a Florida association is not in the statutes at all. Declarations, articles of incorporation, bylaws, rules, plats and recorded amendments differ from community to community, and on many questions they set the rule while the statute sets only a floor or a default. A procedure that is correct in one association may be a breach of the documents in the association next door. No general page can tell you which is which for your community.

Why general information is not advice. Legal questions are resolved by applying the law to particular facts as a judge, jury, arbitrator or hearing officer finds them. An outcome that appears clear in the abstract frequently turns on the documents, the chronology, the board's own prior conduct, and the procedural posture, none of which a general page can anticipate. A lawyer supplies what information cannot: the judgment to identify which facts matter, the experience to know how a court or the Division is likely to treat them, the ability to choose among the courses of action actually available, and the advocacy to carry the association's position through negotiation, hearing or trial.

The standard of care, and the protection the statute attaches to counsel. A director of a Florida community association is held to the standard in section 617.0830, Florida Statutes: to act in good faith, in a manner the director reasonably believes to be in the best interests of the corporation, and to discharge the duties of the office with the care an ordinary prudent person in a like position would reasonably believe appropriate under similar circumstances. That standard is measured against the decision the board actually faced, on the record actually before it. The same statute supplies the protection that goes with the duty. Under section 617.0830(4) and (5)(b), a director who has no knowledge making reliance unwarranted is entitled to rely on information, opinions, reports and statements prepared or presented by legal counsel retained by the association as to matters the director reasonably believes are within counsel's professional competence. The Legislature has written the prudent course into the statute. A board that obtains advice on its own documents and its own facts, and acts on that advice, is standing on ground the statute expressly protects. Nothing on this website confers that protection. General information, however carefully prepared, is not advice on your declaration, your amendments, your board's history or your dispute, and a director who relies on it in place of counsel forgoes a statutory protection that was available for the asking.

Personal exposure is real. Service on an association board is usually uncompensated, but volunteer status is not itself immunity. Under section 617.0834, Florida Statutes, a director or an officer is not personally liable in monetary damages for a statement, vote, decision, or failure to act in that role unless two things are both true: the director or officer breached or failed to perform the duties of the office, and that breach was a violation of the criminal law, a transaction from which the director or officer derived an improper personal benefit, conscious disregard or willful misconduct in a proceeding brought by or in the right of the corporation, or recklessness or bad faith in a proceeding brought by anyone else. That protection turns on how the director acted, not on whether the director was paid. Chapters 718, 719 and 720 add consequences of their own, including removal from office, civil penalties assessed against the individual for certain willful and knowing violations, and in defined circumstances criminal liability. Whether any of that reaches a particular director depends entirely on the facts and on the director's conduct. The practical point is narrower and more useful: the decisions that generate this exposure — levying an assessment, enforcing a covenant, denying a transfer, withholding a record, entering a unit, terminating a contract, signing for construction work — are precisely the decisions on which general information is least adequate, and on which counsel costs least relative to what is at stake.

No guarantee; prior results. The firm makes no representation or warranty that the information on this page is complete, current or applicable to any particular matter, and disclaims liability to any person for any action taken or not taken in reliance on it. Any description of prior results does not guarantee or predict a similar outcome in any other matter; every case turns on its own facts, documents and record.

Do not act on this page alone. If your association faces a decision of consequence, obtain advice from a Florida-licensed attorney who has read your governing documents and the relevant record before the board votes, signs, sends or forecloses. Hamilton Mikes, P.A. represents community associations throughout Southwest Florida and can be reached at 239-594-7227.

Covenant Enforcement