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Florida Association Backs Off of "Living in Sin" Prohibition

August 23, 2013

In a previous news story, Morris Sperry reported on an association that banned unmarried couples from moving into the association. That rule, passed in mid-July 2013, was recently abandoned by the association in the face of tremendous national publicity. The story also ignited a nationwide debate among HOA lawyers over the various claims that might be brought against the association and whether the rule addressed issues that should or should not be within the discretion of an association to regulate. This issue highlights how ongoing social and cultural changes in our society can directly impact community associations. It is frequently the case that rules and board actions in associations unknowingly violate the law and/or modern social norms. Well run associations with educated managers and HOA experienced legal counsel typically avoid these types of problems or at least make decisions knowing the risks.

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