Prior to adopting a Rule and Regulation, the board must have the authority to do so. Boards should pay special attention when establishing and adopting rules and regulations concerning unit or property use. All rules must be reasonable and tie in some manner to the safety, health and welfare of all community members.

Boards should NOT enforce the rules in an arbitrary manner.

Generally, rules made by an Association are subject to a three (3) pronged test for enforceability, to wit:
        1.      The Board of Directors must have authority to promulgate the rule (authority granted by the Declaration of Condominium or other governing documents);
        2.      The rule cannot conflict with any of the rights conferred by any of the documents of higher priority, whether those rights are expressly stated or reasonably inferable; and
        3.      The rule must be reasonable (explained as rationally related to a legitimate objective of the Association).

In Florida, community associa­tions are creatures of statute, meaning that their creation and ongoing operations are governed by statute. Chapters 718, 719 and 720 of the Florida Statutes govern the estab­lishment and operation of condominiums, cooperatives and homeowner’s associations, respectively. Each of these Chapters contains several provisions providing for the re­covery of attorney’s fees by the prevailing par­ty.

In addition, the Declaration of Covenants and Restrictions governing these communities may also contain provisions providing entitle­ment to attorney’s fees to the prevailing party in a given dispute. A Declaration contains “at­tributes of a covenant running with the land” and operates as a contract among unit own­ers and the association, spelling out mutual rights and obligations of the parties thereto. Thus, the Declaration itself constitutes a contract and if it contains provisions providing for recovery of attorney’s fees by the prevailing party, such party may rely on the Declaration as a basis for recovering such fees. In a suit in­volving a community association, therefore, a prevailing party may rely on both statutory and contractual provisions to seek attorney’s fees.