Why DOES My HOA Have Rules?

You’ve read the Declaration.

You’ve learned about the Articles of Incorporation and the Bylaws.

And then you discover there’s another document:

Rules and Regulations.

Which may leave you wondering...

“If the Declaration already has restrictions, why does my HOA need more rules?”

It’s a good question.

The answer begins with understanding that the Declaration and the Rules and Regulations generally serve different purposes.

The Declaration establishes many of the important rights, restrictions, and responsibilities affecting the community and its properties.

Rules and Regulations often address the more detailed, day-to-day requirements of community living.

But there’s an important catch:

The Association needs authority to adopt and enforce those rules.

Let’s take a closer look.

Why Have Rules and Regulations?

Imagine trying to address every detail of community life in the Declaration.

Pool hours.

Guest parking.

Clubhouse procedures.

Amenity use.

Trash procedures.

Vehicle registration.

Pets in common areas.

Every operational detail would have to be written into one document.

That wouldn’t be very practical.

Instead, the Declaration may establish broader rights, restrictions, responsibilities, or authority, while Rules and Regulations may address more detailed requirements within that authority.

For example, a Declaration might give owners the right to use recreational facilities subject to reasonable rules adopted by the Association.

The Rules and Regulations might then establish pool hours or requirements for using those facilities.

Or the governing documents might give the Association authority over parking on Association property.

Rules may then address parking permits, guest spaces, or other parking procedures.

The exact relationship depends on the particular community and its governing documents.

But the basic idea is:

The Declaration may establish the authority or broader restriction.

The Rules may provide some of the details for everyday community living.

Where Does the Board Get the Authority to Make Rules?

This is one of the most important questions a homeowner can ask.

A Board generally cannot create any rule it wants simply because a majority of directors thinks it would be a good idea.

The authority to adopt the rule has to come from somewhere.

Depending on the issue, that authority may come from the Declaration, Bylaws, other governing documents, or Florida law.

For example, if the governing documents authorize the Association to adopt reasonable rules concerning the use of common recreational facilities, the Board may have authority to establish rules governing those facilities.

But putting the words “Rule and Regulation” at the top of a piece of paper doesn't automatically give the Association authority it doesn't otherwise have.

That’s why, when you encounter an HOA rule and wonder whether the Association can enforce it, a useful question is:

“Where does the authority for this rule come from?”

What Do Rules and Regulations Cover?

Every community is different.

Depending on the Association’s responsibilities and authority, Rules and Regulations may address subjects such as:

Parking and vehicle procedures

Use of pools, clubhouses, and recreational facilities

Guest procedures

Pets in common areas

Trash and waste procedures

Use of Association property

Amenity reservations

Other day-to-day community matters

Some communities may have extensive Rules and Regulations.

Others may have relatively few.

Your HOA’s rules depend on your HOA.

Can Rules Add Restrictions That Aren’t in the Declaration?

This is where things become more complicated.

The fact that a particular restriction does not appear word-for-word in the Declaration does not necessarily mean the Association cannot have a rule addressing the subject.

The real question is whether the Association has authority to adopt the rule.

At the same time, a rule generally cannot simply contradict the Declaration or be used to rewrite it.

For example, if the Declaration gives owners a particular right, the Board generally cannot use a rule to take that right away simply because it prefers a different policy.

That’s why reading only the Rules and Regulations may not always give you the complete picture.

Sometimes you have to follow the authority back to the governing documents.

Can the Rules Be Changed?

Yes, Rules and Regulations may be changed when the Association has authority to do so and follows the procedures required by the governing documents and applicable law.

That ability can be useful.

Communities change.

Technology changes.

Amenities change.

Operational needs change.

A community may need procedures today that no one anticipated when its Declaration was recorded decades ago.

Rules can provide some flexibility for addressing those day-to-day needs without rewriting the Declaration every time an operational detail changes.

But again:

Flexibility does not mean unlimited authority.

The Association still has to act within the authority provided to it.

Who Adopts the Rules?

Often, the Board of Directors adopts Rules and Regulations within the authority granted to the Association.

But homeowners should not assume that every rule can be adopted in exactly the same way.

The governing documents and Florida law may establish particular notice, meeting, voting, or other requirements depending on the type of rule or action involved.

And some matters may require membership approval rather than Board action.

So if you’re trying to determine whether a particular rule was properly adopted, the answer may require looking beyond the rule itself.

Rules and Regulations Work With the Other Governing Documents

Rules and Regulations are one part of a larger system.

The Declaration establishes many of the rights, restrictions, and responsibilities affecting the community and its properties.

The Articles of Incorporation establish the Association as a corporation.

The Bylaws generally explain how the Association is governed and operates.

And the Rules and Regulations may provide more detailed requirements for everyday community living within the Association’s authority.

They each have a different job.

And once again, we return to one of the most important lessons in this series:

The governing documents work together.

Where Can I Find the Rules?

Rules and Regulations may be included with the governing-document package you received when you purchased your home.

They may also be available through the Association’s website or owner portal, from management, or through the Association’s official-records process.

And because rules can change, make sure you’re looking at the current version.

That old copy sitting in a kitchen drawer from twelve years ago may have had a very good run.

But it may not be the copy you want to rely on today.

Why Should I Read Them?

Because Rules and Regulations often address the things homeowners encounter most frequently in everyday community life.

Parking.

Amenities.

Guests.

Pets.

Trash.

Use of common property.

Those may seem like small things compared with corporate documents and recorded covenants.

But they're often the things homeowners have questions about most often.

So while you may not reach for the Rules and Regulations to understand how the Association was incorporated...

you may reach for them quite often to understand how to live in the community.

The Bottom Line

Rules and Regulations help address the details of everyday community living.

But the Board doesn’t have unlimited authority to make whatever rules it wants.

The authority for those rules has to come from somewhere.

That’s why understanding a rule sometimes requires looking beyond the rule itself and asking:

What does the Declaration say?

What authority do the governing documents provide?

And was the rule adopted within that authority?

Once you understand that relationship, Rules and Regulations become much easier to put in context.

You don’t have to learn everything today.

Knowledge builds confident homeowners.

Engaged homeowners build stronger communities.

Let’s keep the conversation going.

Florida HOA Spotlight™ — Helping Homeowners Understand Their Communities... One Conversation at a Time.