Our initial scan found 9 potential issues in your governing documents.
We checked the 2 public PDFs on Castle #12 Condominium’s website against current Florida and federal HOA law—and more issues may exist depending on the documents you load.
✓Declaration of Condo✓Rules and Regulations+ Add up to 10 PDFs in Full Analysis
Occupancy or amenity restriction discriminates based on familial status / disability or imposes an overbroad age restriction under the Fair Housing Act and HOPA.
Operative Clause · Sec. 9 (Page 2)
“No children under eighteen (18) shall be permitted to reside on a permanent basis.”
The Fair Housing Act (42 U.S.C. § 3604(b)) prohibits familial-status discrimination against families with children—including adult-only rental age floors (e.g., 24+), mandatory hourly pool exclusions targeting all minors under 18, blanket Common Area parental-escort rules for children, and caps on grandchildren—unless the community actively qualifies as 55+ Housing for Older Persons under 42 U.S.C. § 3607(b)(2) and 24 C.F.R. §§ 100.304–100.307 (which regulates occupancy rather than fee-simple title ownership and does not authorize intrusive medical/disability disclosures for live-in caregivers under 42 U.S.C. § 3604(f)).
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Any age-based occupancy restriction shall be enforceable only while the Association actively qualifies as "Housing for Older Persons" pursuant to 42 U.S.C. § 3607(b)(2)(C) and 24 C.F.R. §§ 100.304–100.307, including maintaining at least 80% occupancy of units by at least one person 55 years of age or older and conducting mandatory biennial age-verification surveys.
2Absent active HOPA qualification, no restriction shall discriminate on the basis of familial status.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
8 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 8 remaining issues—plus load up to 10 PDFs for complete review.
#
Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Assessment Collection & Mandatory Pre-Lien Notice Procedure Gap
Declaration / CC&Rs
HIGH LEGAL RISK
#3
Structural Reserve Study & Mandatory Reserve Funding Gap
Declaration / CC&Rs
STATUTORY GAP
#4
Mandatory Association Website & Digital Records Portal Gap
Statutory Incorporation ("As Amended From Time to Time") Clause Gap
Declaration / CC&Rs
HIGH LEGAL RISK
#7
Statutory Incorporation ("As Amended From Time to Time") Clause Gap (Declaration / CC&Rs)
Declaration / CC&Rs
HIGH LEGAL RISK
#8
Statutory Incorporation ("As Amended From Time to Time") Clause Gap (Declaration / CC&Rs · Clause #8)
Declaration / CC&Rs
HIGH LEGAL RISK
#9
Statutory Incorporation ("As Amended From Time to Time") Clause Gap (Declaration / CC&Rs · Clause #9)
Declaration / CC&Rs
HIGH LEGAL RISK
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