While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
Typically, an HOA violation letter will include information regarding the offense, a declaration stating the HOA laws or rules that were violated, a compliance date, suggestions on how to solve the problem, a fine amount, and a contact person for questions or concerns.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
Laws always supersede governing documents IF they conflict and the law applies to your HOA. In California, the Davis-Stirling Act may take precedent over general corporation codes because it's specific to HOAs.
In 2024, the California legislature passed an amendment that allowed online elections to be held within HOAs. It recognized that this could open the door to digital vote manipulation within the HOA's management, though, so the state mandated that each HOA election needed to have an independent inspector of elections.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives.
Conditions and Rules are "cousins", but the difference is that Conditions are flexible while Rules are powerful.
Bylaws state when the meetings of the association are held. Standing rules tell where and what time association meetings are held, and when executive board meetings are held. Bylaws give the primary responsibilities of officers and chairmen. Standing rules give the specifics.
The only way to force an HOA to enforce the rules is file for arbitration against the HOA or gain support from neighbors and recall the board. There is no FL government sector that watches over HOAs.