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Select your role and situation above
We'll show you what Florida law says and what your next steps are — from both sides of the situation.
🏠 Resident / Owner
Florida Statute § 718.303 · § 720.305 · Florida Statute § 784.048
You have the right to quiet enjoyment — and Florida law prohibits harassment.
Florida HOA and condo law guarantees residents the right to quiet enjoyment of their homes. Persistent belligerent, cursing, or intimidating behavior by another resident can constitute a nuisance violation under your governing documents — and in serious cases, may rise to criminal harassment or stalking under Florida Statute § 784.048.
Read Florida Statute § 720.305 →
What To Do — Step by Step
1
Document every incident immediately. Write down the date, time, location, exactly what was said or done, and any witnesses present. If it happened in a common area with security cameras, note that too. Specifics matter enormously.
2
Do not engage or escalate. Walk away. Do not respond with equal aggression — it muddies your complaint and weakens your position. Your goal is a clean documented record of their behavior, not yours.
3
Report to the board in writing. Email the board or property manager with your documented incidents. Reference the nuisance provision in your governing documents. Ask them to respond in writing within 10 business days about what action they will take.
4
If the behavior is threatening — file a police report. Cursing and aggression that makes you fear for your safety may constitute criminal harassment under Florida law. A police report creates an official record even if no arrest is made, and strengthens any future HOA or legal action.
5
If the board does not act, escalate. You can request mandatory non-binding arbitration through the Florida DBPR (Department of Business and Professional Regulation) if the association fails to enforce its own rules. For serious ongoing harassment, consult a Florida attorney about a civil injunction.
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Your Incident Log Should Include
- Exact date and time
- Exact location — hallway, parking lot, common area
- Word-for-word account of what was said if possible
- Names of any witnesses
- Whether security cameras may have captured it
- How the incident made you feel — fearful, unsafe, etc.
Former Board Members — An Important Note
- A former board member has no special authority once off the board
- They are simply a resident and subject to the same rules as everyone else
- Their history on the board does not give them the right to intimidate others
- If they claim authority they no longer have, document that claim specifically
This is general legal information, not legal advice. If you feel physically threatened at any time, call 911 immediately. For persistent harassment that the HOA fails to address, consult a Florida-licensed attorney.
🏠 Resident / Owner
Florida Statute § 718.111(5) · § 720.303
The association has limited rights to access your unit — and must follow a strict process.
Under Florida law, the association may enter a unit for legitimate purposes — inspections, repairs, emergencies — but must provide reasonable notice (generally at least 12 hours for non-emergencies) and must access the unit at reasonable times. Access should be coordinated through the management company or board formally, not through informal personal contact by individual board members.
Read Florida Statute § 718.111 →
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What Proper Access Should Look Like
- Written notice — letter or email — from the management company or board formally
- At least 12 hours advance notice for non-emergency access
- A clearly stated legitimate reason for entry
- Access at a reasonable time — typically during business hours
- You have the right to be present during the access
- A representative of the management company should accompany any inspection
Red Flags That Something Was Wrong
- Request made informally — verbally, casually, without written notice
- Request came directly from an individual board member rather than management
- You were pressured to allow access without time to prepare
- The stated reason felt vague, pretextual, or inconsistent
- The interaction felt personal rather than official
- You felt uncomfortable, intimidated, or unsafe during the request
What You Can Do
- You have the right to request written notice before allowing access
- You have the right to have someone present with you during any access
- You can request that access be coordinated through the management company rather than an individual board member
- You can report uncomfortable or inappropriate access requests to the full board in writing
- If the interaction felt harassing or threatening, you can file a police report
Important: If a board member made you feel unsafe or uncomfortable during an access request, you are not required to simply accept that. Report it to the full board in writing, request that all future access be coordinated formally through management, and document exactly what happened and how it made you feel.
This is general legal information, not legal advice. If an access situation felt threatening or harassing, consult a Florida HOA attorney. You have rights that extend beyond simply allowing or denying access.
🏠 Resident / Owner
Florida Statute § 718.111 · § 720.303 · § 720.305
Board members have fiduciary duties to all residents — and can be removed for misconduct.
Florida law holds HOA and condo board members to a fiduciary standard — meaning they must act in the best interest of the community, not their personal interests. Board members who abuse their authority, harass residents, misuse association resources, or act outside their defined powers can be removed through recall proceedings or legal action.
Read Florida Statute § 720.303 →
Your Escalation Path
1
Document the specific misconduct. What did they do, when, where, who witnessed it. General complaints are hard to act on. Specific documented incidents are not.
2
Report to the rest of the board in writing. Send an email to the full board — not just the offending member. Request a written response about what action the board will take.
3
Speak at a board meeting. Florida law gives residents the right to speak at board meetings during the open resident forum. Put your concerns on the official record.
4
Organize a recall if necessary. Florida law allows owners to recall board members by petition. For condominiums this is governed by § 718.112; for HOAs by § 720.303. A recall requires a majority of the total voting interests — not just those present at a meeting.
5
File a complaint with the Florida DBPR. The Department of Business and Professional Regulation oversees HOA and condo associations in Florida and accepts complaints about board misconduct.
This is general legal information, not legal advice. Board member recall is a specific legal process with strict procedural requirements. Consult a Florida HOA attorney before initiating recall proceedings.
🏠 Resident / Owner
Florida Statute § 718.111(5)
Florida law is specific about when and how the association can access your unit.
The association has the right to access units for maintenance of common elements, to make emergency repairs, or to conduct inspections — but this right is not unlimited. The law requires reasonable notice except in genuine emergencies, and access must occur at reasonable times. Individual board members acting alone do not have the right to enter your unit.
Read Florida Statute § 718.111(5) →
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The Complete Access Checklist — What Must Happen Before Anyone Enters
- Written notice provided — at minimum 12 hours for non-emergency access
- Notice comes from the management company or board formally — not an individual board member personally
- A clearly stated, legitimate reason for the access
- Access scheduled at a reasonable time — typically normal business hours
- You are given the opportunity to be present
- For insurance or repair follow-ups — a management representative should accompany any inspection
- Emergency access (burst pipe, fire risk) may occur without notice but should be followed by written documentation immediately after
You Are Always Allowed To
- Request written notice before agreeing to any access
- Have a friend, family member, or attorney present during access
- Record the access visit for your own records
- Request that access be rescheduled if the time is unreasonable
- Refuse access if proper notice was not given — except in genuine emergencies
This is general legal information, not legal advice. Your specific condo or HOA documents may have additional access provisions. Always review your Declaration and Rules & Regulations.
📋 Board Member
Florida Statute § 718.303 · § 720.305
The board has both the authority and the legal obligation to enforce nuisance and harassment provisions.
Florida law and virtually all HOA governing documents contain nuisance provisions that cover harassment, intimidation, and aggressive behavior. Ignoring documented complaints about a belligerent resident — even a former board member — creates liability for the association. The board must respond through its established enforcement process.
Read Florida Statute § 720.305 →
The Correct Board Response
1
Collect written complaints from affected residents. Do not act on verbal reports alone. Ask every affected resident to submit their account in writing — date, time, what was said or done. Multiple independent written reports are your foundation.
2
Review your governing documents for the applicable provision. Most documents have a nuisance clause, a quiet enjoyment provision, or a conduct rule. Identify the specific section you will cite in the violation notice.
3
Issue a formal written violation notice to the resident. Cite the specific rule violated, the documented incidents, and the expected behavior going forward. Give them the opportunity to cure. Follow your full notice and hearing process — do not skip steps because the person is difficult.
4
Convene the fining committee if behavior continues. A separate fining committee — not the board — must approve any fine. Document the hearing and the committee's decision in writing.
5
For threatening behavior — involve law enforcement. If the resident's behavior rises to the level of threats or physical intimidation, encourage affected residents to file police reports and consider whether the association itself should contact law enforcement.
Special Note — Former Board Members
- A former board member has no special status — they are simply a resident
- Do not give informal deference to their opinions or behavior because of their history
- Apply the same enforcement process you would for any resident
- Document any attempts by them to claim authority they no longer have
- Consistency is critical — selective enforcement is a serious legal vulnerability
This is general legal information, not legal advice. For persistent harassment situations that escalate despite enforcement efforts, consult your association attorney about seeking injunctive relief through the courts.
📋 Board Member
Florida Statute § 718.111(5)
Unit access is a formal association function — not an individual board member's prerogative.
Florida law grants the association — not individual board members — the right to access units for legitimate purposes. All access requests must be coordinated formally through the management company or the full board. Individual board members making personal access requests create significant liability for themselves and the association.
Read Florida Statute § 718.111(5) →
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Proper Access Protocol
- All access requests issued in writing by management company or full board
- Minimum 12 hours written notice for non-emergency access
- Clearly stated legitimate reason for entry
- Access scheduled at reasonable hours with resident input
- Management representative present for all inspections
- Written record kept of every access entry
What Individual Board Members Must Never Do
- Request access to a unit personally or informally
- Enter a unit without management present
- Make access requests via personal phone call or text
- Pressure a resident to allow access without proper notice
- Use access visits for any purpose beyond the stated reason
If a Resident Reports an Inappropriate Access Request
- Take the complaint seriously and document it immediately
- Address it at the next board meeting as a formal agenda item
- Remind all board members in writing of proper access procedures
- If the behavior was seriously inappropriate, consult association counsel
- The board has a duty to protect residents from misconduct by its own members
This is general legal information, not legal advice. Any situation where a board member's conduct during a unit access has made a resident feel unsafe or harassed should be reviewed by association counsel immediately.
📋 Board Member
The board as a whole is responsible for the conduct of its individual members. Ignoring misconduct by a fellow board member does not protect you — it makes the entire board complicit and creates association-wide liability.
How to Address Board Member Misconduct
1
Document the misconduct formally. Minutes of meetings where inappropriate behavior occurred, written resident complaints, any written communications from the board member in question. Build a factual record.
2
Address it directly at a board meeting. Put it on the agenda. The board as a body can censure a member, restrict their individual authority, or formally request their resignation. Document the discussion and outcome in the minutes.
3
Consult association counsel immediately. When a board member's conduct creates legal liability — especially involving a resident's safety or comfort — this is not a situation to navigate without legal guidance.
4
If the member will not resign and conduct continues — support a recall. Florida law gives owners the right to recall board members. The remaining board should neither obstruct nor organize the recall — but should cooperate fully with a properly initiated recall process.
This is general legal information, not legal advice. Board member misconduct situations — especially those involving resident complaints about harassment or inappropriate behavior — require association counsel involvement. Do not attempt to navigate these situations without legal guidance.
📋 Board Member
Florida Statute § 718.111(5) · § 720.303
Association access rights are real — but strictly defined. Violating them exposes the association to liability.
The association has legitimate reasons to access units — insurance inspections, repair follow-ups, emergency situations. But Florida law requires proper notice, proper timing, and proper authorization. Unauthorized entry — even for legitimate reasons — can expose the association and individual board members to trespass claims and other civil liability.
Read Florida Statute § 718.111(5) →
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Legal Access Requirements — Every Box Must Be Checked
- Written notice to the unit owner — minimum 12 hours for non-emergency
- Notice issued by management company or board formally — not individual members
- Legitimate stated purpose — repair, inspection, insurance follow-up
- Reasonable time of access — during normal hours unless emergency
- Management representative present for all non-emergency access
- Owner notified of their right to be present
- Written documentation of the visit kept in association records
What Creates Liability for the Association
- Entry without proper written notice
- Access at unreasonable hours without consent
- Individual board member entering a unit without management present
- Using a stated reason for access that is pretextual
- Making a resident feel unsafe or harassed during an access visit
- Failing to document the access in association records
This is general legal information, not legal advice. Review your specific Declaration and Rules & Regulations for any additional access provisions specific to your community.