In Florida, tenant rights do not include attendance at HOA meetings. Here's why.

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2 days ago

Q: We have a renter in our HOA who is claiming that he and any other guest, relative, or tenant who wants to come to our board meetings can do so. He states this is because the statute does not specifically preclude their attendance. Is this correct? (C.T., via e-mail)
A: No.
Section 720.303(2)(a) of the Florida Homeowners' Association Act states that 'members' have the right to attend meetings of the board which includes the right to speak at such meetings with reference to all designated items.
A 'member' is as defined in the governing documents of the association and is usually limited to record title holders to a parcel in the community (i.e., those persons 'named on the deed'). I have never seen governing documents which define the members of the corporation to include tenants.
Attendance at board meetings is not a right granted to tenants by law, and a private organization can control who attends its meetings. Tenants are often contributing members in communities and often provide valuable volunteer services. However, there is no legal requirement that the association permit tenants to attend its board meetings.
Q: How can a condominium association purchase neighboring property? (J.D., via e-mail)
A: A condominium association can acquire, hold, convey, lease, or mortgage real property for the use and benefit of its members under Section 718.111(7) of the Florida Condominium Act. This authority must be exercised as set forth in the declaration of condominium. If the declaration does not outline the process, then approval of 75% of the total voting interests is required.
The association should verify its authority with its attorney, who will need to review the governing documents and applicable case law. There may be exceptions to the rule stated above, especially for condominiums that existed prior to the date of the major change in the law on this topic, which was 1992.
Q: Our condominium association recently raised the rental application fee from $100 to $250. Our condominium documents state that the maximum allowed is $150 (the current amount allowed by Florida statute). When challenged, they said the $250 is valid because it is charged by our management company and none of the funds goes to the association. There was also a claim that the State raised the amount to $250 for condo associations but I can't find anything to support that. It is confusing because the amounts allowed differ for HOA's and condominiums. (S.W., via e-mail)
A: By statute, a condominium association may not charge a fee in connection with a sale, mortgage, lease, sublease, or other transfer of a unit unless the association has both the right to approve such transfer and the condominium documents authorize the association to charge a fee for the approval process.
The maximum fee permitted by the Florida Condominium Act is $150 per applicant. The $150 will be subject to a statutorily imposed CPI escalator in July of 2026.
The fee includes all non-refundable fees charged for interviews, background checks, credit reports, and other costs. It is irrelevant whether that fee goes to the association or to its management company. The management company has no legal relationship with a buyer and seller, or landlord and tenant, and can only impose obligations on those parties as an agent for the association.
It is important to note that spouses, parents, and dependent children are considered one applicant. Additionally, associations cannot charge a fee for lease renewals.
There is no statutory regulation of or cap on sale or lease approval fees in the statute applicable to homeowners' associations. The conventional wisdom is that such fees are entirely dependent on the authority granted by the governing documents of the association.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to [e-mail]. Past editions may be viewed at floridacondohoalawblog.com.
This article originally appeared on Fort Myers News-Press: Florida HOA laws: Do tenants have the right to attend HOA meetings?