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An association must be careful enacting and enforcing rules that would single out or disadvantage any group identified in the Fair Housing Act, says Smith. That means your HOA cant fine you or keep you from purchasing a home in the neighborhood because of your ethnicity or race.
Florida statutes provide associations significant power to both approve and deny new buyers as well as renters so long as it is in ance with the associations governing documents.
A homeowners association is not a party to a home sale between a buyer and a seller. Thus, it is the sellers duty to provide disclosure documents to the buyer. In some states, such as California, it is even required by law for the seller to disclose certain documents to the buyer.
In most cases, the HOA reserves the right to enforce penalties or compel the removal of unauthorized structures. Homeowners may face fines, legal action, or the obligation to dismantle the patio at their own expense. Such infractions can strain relations with the HOA and impact property resale value.
Limitations That Associations Can Enforce to Discourage Investors. While an HOA may not outright ban a property owner from renting out their home in a community, they may enforce limitations that can discourage investors from purchasing the property in the first place.
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An HOAs CCRs and Bylaws are a matter of public record. If your realtor cant or wont provide them, you can call the County Registrar and request them. Or if the Association uses a professional management company, you can call them and request the information.
Florida recognizes both voluntary and mandatory HOAs. Mandatory HOAs, as one might expect, require all homeowners in the subdivision to be members, without exception.

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