At the time of our last Legislative Update article, the Florida Legislature was working on several bills that would significantly impact community associations on a wide range of issues. However, as the 2020 legislative session closed amid the emerging coronavirus pandemic, most of the bills geared specifically toward community associations failed to receive approval, including
The Fourth District Court of Appeals recently addressed an association’s liability for failure to enforce no-street parking restrictions in Seminole Lakes HOA, Inc. v. Esnard, Case No. 4D18-15 (Fla. 4th DCA December 19, 2018). The case arose out of a car accident between Esnard and another driver which occurred inside the Seminole Lakes community.
Community association regulation of parking on privately owned streets is common in Florida. Privately owned streets are most commonly found in condominium communities or gated neighborhoods. In those communities, the association’s governing documents dictate what can and cannot be enforced with respect to parking on the streets in the community.
However, community association governing documents often