Why won't my HOA enforce its own garage rule against my neighbor's tenant?

Marisa, the uncomfortable part first: an HOA that says "not our problem" is usually not the end of the road, but going straight after the neighbor is rarely the best first move. Start with the paper trail, because that is what gets a board to act. Read your declaration (CC&Rs) and rules to see exactly what the garage language says and who enforces it. Then send a written complaint, dated, with the photos, the dates and times, and the specific rule section, and ask for a written response and for it to go on the agenda for the next board meeting. Boards often brush off an email but have a harder time ignoring a formal item in the minutes, and showing up to the open session as a member is your right in most associations. Second, remember that the tenant is not who the association has leverage over, the unit owner is. In most HOAs the owner is responsible for their tenant's conduct, and the governing documents typically allow fines or a violation notice against the owner. Asking the board to send the owner a notice, or writing to the owner directly and politely, often fixes it faster than anything else because the landlord has a lease he can enforce. Third, if the behavior is a safety or nuisance issue (drinking, harassment, blocking your entry), document it and know that a non-emergency call to the police or code enforcement exists for conduct that goes beyond a rule violation. If the board still refuses to enforce, your options usually include mediation or, as a last step, a claim against the association or owner, and that depends on your state's HOA law and your documents. I am a real estate professional, not an attorney, so please have a local HOA attorney read your declaration before you spend money on a dispute. I work in the Palos Verdes and South Bay area of Los Angeles, so for a Florida HOA matter I would point you to a strong local agent and an HOA attorney, and I am glad to help you find the agent. Zoltan Peresztegi Zoltan

Sounds like a conversation to have with your HOA and if they are not helping, speaking with a real estate attorney to have them reach out on your behalf. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

You can pursue this beyond simply sending the HOA more photos. If the governing documents specifically prohibit using garages as hangout spaces, your strongest next step is to make a formal written complaint to the HOA board and separately notify the unit owner, who may be responsible for ensuring their tenant follows the community rules. The HOA may have enforcement procedures it must follow, although whether it is legally required to act depends on the governing documents and applicable state law.

Marisa, I certainly understand your frustration, especially after providing photos of a potential HOA violation and receiving little assistance. The good news is that you have more options than you realize. Under Florida law, both homeowners and tenants are generally required to comply with their community's governing documents, which are enforceable rules. Florida Statute 720.305 gives HOAs the authority to address violations, including through fines and other enforcement measures, subject to proper procedures. Here's what I would recommend: 1. Put your complaint in writing ot the HOA board, not just the property management company. Reference the exact garage use restriction, attach your photos, document the dates of the incidents, and request a written explanation of why the rule isn't being enforced. 2. Contact the property owner directly. The landlord may not realize what's happening. Ask the owner to address the tenant's conduct and remind the tenant of the community rules. 3. Separate the two issues. Sitting in an open garage may violate the HOA's rules, depending on their wording. However, using your front stoop without permission is a separate concern involving your personal space and potentially your property rights. 4. Request a hearing or an opportunity to address the board. If the HOA continues to dismiss your concerns, review its governing documents for complaint procedures and consider consulting a Florida HOA attorney about your enforcement options. One important distinction: Florida has different statutes governing HOAs and condominium associations. If your community is legally a condominium, Chapter 718 applies rather than Chapter 720. I would start with the unit owner and a formal written request to the board before pursuing legal action. Keep everything documented, including the HOA's responses. The objective should be to resolve the situation professionally without escalating already uncomfortable neighbor relations. One question I would ask the HOA is: If this garage use restriction is part of our governing documents, what is the board's justification for declining to address the documented violation? The written response may help determine your next step. Brenda Ashby | REALTOR® | JohnHart Real Estate | DRE License # 01700249

Marisa, I'd move this from photos to a formal written complaint addressed to the board itself, quoting the garage rule by section and asking what they intend to do. Dealing with that at your front door every afternoon sounds exhausting, and a letter on the record is a lot harder to brush off than photos alone. Keep a dated log from now on. Many HOA documents make owners responsible for their tenants following the rules, so a calm written note to the unit owner is fair, and you can bring it up at the next board meeting too. Your stoop being used as his table may be a separate matter from the garage rule, which is one more reason to have a real estate attorney in the Pembroke Pines area who handles HOA issues read your documents. I work in California, not Florida, so local counsel or a Florida-licensed agent should confirm the specifics. Alla Novytska, Realtor®, JohnHart Real Estate, DRE #02254775