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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36926
Experience:  Texas Attorney for 30 years dealing in real estate
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Can a HOA sell rights to use community's pool to

Customer Question

can a HOA sell rights to use community's pool to non-resdents without consent of owners
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you tonight.

They cannot do so unless they first have board approve it and a legal vote by the full membership to amend the rules..You have right to file suit or threaten to file suit if they do not abide by the rule making procedures under Florida law.

Generally, rules made by an Association in Florida are subject to a three (3) pronged test for enforceability, to wit:

  1. The Board of Directors must have authority to promulgate the rule (authority granted by the Declaration of Condominium or other governing documents);
  2. The rule cannot conflict with any of the rights conferred by any of the documents of higher priority, whether those rights are expressly stated or reasonably inferable; and
  3. The rule must be reasonable (explained as rationally related to a legitimate objective of the Association).
Expert:  Ray replied 4 months ago.

This does not appear proper as you have presented in and the HOA may be sued by you and other members here for acting outside the HOA rules and by laws.

I appreciate the chance to help you tonight.Thanks again.

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