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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Do condominium bylaws have the force of state law?

Customer Question

Do condominium bylaws have the force of state law?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 8 months ago.

Condo by-laws must comply with state law (Florida Chapt. 718: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718ContentsIndex.html).

However, as long as the rules and provisions within the by-laws comply with the state statute, they are enforceable as private rules and contracts. (They do not "have the force of state law" but the Condo Association, as well as other owners, can enforce the terms in state court).

The purpose of Common Interest Developments (HOAs and Condo Associations) is to permit private governance between homeowners as opposed to state or government governance, so your by-laws, CC&Rs, Architectural Guidelines, or whatever other governing documents are treated as enforceable binding covenants on each of the properties (they are "reciprocal easements" on all of the affected properties).

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