Fla. R. Civ. P. 1.221

Homeowners' Associations and Condominium Associations

sha256 005e3e7c0351161ba35fa62a24d5a9fa… · retrieved 7/11/2026, 11:08:23 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.221. 	HOMEOWNERS’ ASSOCIATIONS AND
CONDOMINIUM ASSOCIATIONS
A homeowners’ or condominium association, after control of
such association is obtained by homeowners or unit owners other
than the developer, may institute, maintain, settle, or appeal
actions or hearings in its name on behalf of all association members
concerning matters of common interest to the members, including,
but not limited to: (1) the common property, area, or elements; (2)
the roof or structural components of a building, or other
improvements (in the case of homeowners’ associations, being
specifically limited to those improvements for which the association
is responsible); (3) mechanical, electrical, or plumbing elements
serving a property or an improvement or building (in the case of
homeowners’ associations, being specifically limited to those
elements for which the association is responsible); (4)
representations of the developer pertaining to any existing or
proposed commonly used facility; (5) protests of ad valorem taxes
on commonly used facilities; and, in the case of homeowners’
associations, (6) defense of actions in eminent domain or
prosecution of inverse condemnation actions. If an association has
the authority to maintain a class action under this rule, the
association may be joined in an action as representative of that
class with reference to litigation and disputes involving the matters
for which the association could bring a class action under this rule.
Nothing herein limits any statutory or common law right of any
individual homeowner or unit owner, or class of such owners, to
bring any action that may otherwise be available. An action under
this rule shall not be subject to the requirements of rule 1.220.

Committee Notes
1980 Adoption. The present rule relating to condominium
associations [1.220(b)] is left intact but renumbered as rule 1.221.
2007 Amendment. Consistent with amendments to section
720.303(1), Florida Statutes, homeowners’ associations have been
added to the rule.

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