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Steven D. Anderson v. Tolomato Island Property Owners Association, Inc.

Detected July 8, 2026 · in HOA & Condo Board Rules

Florida appeals court ruled that HOA declarations are contracts, meaning strict compliance with amendment procedures is required. This case reinforces that boards cannot unilaterally change rules without following the declaration's amendment process.

Aforeworn detected this change in the HOA & Condo Board Rules space on July 8, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. All Florida HOAs and condo associations, especially self-managed boards and management companies. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Ongoing; review current practices within 30 days.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors HOA & Condo Board Rules continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.

What changed

The court held that a declaration is a contract, so any amendment must strictly follow the declaration's own amendment provisions. Boards cannot rely on general statutory authority to bypass the declaration's requirements.

Who it affects

All Florida HOAs and condo associations, especially self-managed boards and management companies.

What you must do

Review your declaration's amendment procedures and ensure any recent or planned rule changes comply exactly with those procedures. If you have made changes without proper amendment, consult legal counsel.

Deadline

Ongoing; review current practices within 30 days.

Source: https://www.courtlistener.com/opinion/10880881/steven-d-anderson-v-tolomato-island-property-owners-association-inc/

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