Florida HOA parking rules under Chapter 720
Quick answer. Florida Statute Chapter 720 grants HOAs broad rule-making authority including parking, subject to the "reasonable" standard from Hidden Harbour Estates v. Basso. Towing from common-area HOA property is separately governed by Florida Statute 715.07, which requires: a sign posted at every entrance and every 25 feet, the towing company's name and 24/7 phone number on the sign, and (for non-emergency tows) prior notice to the vehicle owner. Fines are capped at $100 per violation and $1,000 aggregate unless the CC&Rs authorize more (720.305(2)).
What Chapter 720 authorizes
- Rule-making (720.303(1)): the board may adopt parking rules consistent with the declaration.
- Fines (720.305(2)): $100 max per violation, $1,000 aggregate, unless the declaration authorizes more. 14-day written notice and an opportunity to be heard by a committee of non-board members is required.
- Suspension of common-area use rights: for unpaid fines or repeated violations.
- Recording a lien (720.3085): for unpaid fines of $1,000 or more.
What 715.07 requires before towing
- Signage: visible from every entrance and every 25 feet along the parking area, stating the towing company's name, address, and 24/7 phone number, and that unauthorized vehicles will be towed at the owner's expense.
- Notice: for non-emergency tows of registered vehicles, the property owner must give the vehicle owner 24 hours' notice before towing (with exceptions for fire lanes, handicapped spaces, and vehicles blocking ingress/egress).
- Penalty for non-compliance: $100 plus actual damages plus attorney's fees, payable to the vehicle owner.
The "reasonable rule" standard
Hidden Harbour Estates v. Basso (Fla. 4th DCA 1981) established that HOA rules — including parking — must be reasonable. Courts have struck down rules that are arbitrary, discriminatory in application, or grossly disproportionate to the harm. A rule banning all overnight street parking is generally fine. A rule banning only red cars is not.
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