Margate, FL HOA Rules: CC&R Enforcement (2026)
Key Facts
- Section
- Margate Code § 2-16, Private covenants, rules and restrictions
- Adopted
- Ordinance No. 2023-3, July 5, 2023
- Bodies bound
- City Commission, board of adjustment, planning and zoning board, development review committee
- Associations named
- Condominium, homeowner's association, CDD, mobile home park, any organized property association
- Magistrate fine cap, first violation
- $1,000 per day (Sec. 1-8(c)(10))
- Repeat violation window
- Five years, fines up to $5,000 per day
Summary
In the City of Margate, Florida, Section 2-16 of the City Code tells the City Commission, the board of adjustment, the planning and zoning board and every other city land-use body to take condominium, homeowner association, community development district and mobile home park covenants into consideration when deciding variances, special exceptions and other discretionary permits. City rule violations run through code officers and a special magistrate.
In consideration of any variance, special exception, conditional use, waiver, or other discretionary permit land use matter, the City Commission, board of adjustment, planning and zoning board, development review committee, land planning agency, and any other board or committee of the City of Margate shall take into consideration any covenant, restriction, rule or bylaw of any condominium, homeowner's association, community development district, mobile home park, or any other organized property association in the granting or denying of the land use matter under consideration.
Full Breakdown
Section 2-16 of the Margate Code, added by Ordinance No. 2023-3 on July 5, 2023, is the one provision in the Code that speaks directly to private covenants. It applies to variances, special exceptions, conditional uses, waivers and any other discretionary permit land use matter. In each of those matters the City Commission, board of adjustment, planning and zoning board, development review committee, land planning agency and any other board or committee of the City of Margate shall take into consideration any covenant, restriction, rule or bylaw of a condominium, homeowner's association, community development district, mobile home park or other organized property association.
Read closely, Section 2-16 is a consideration rule, not an enforcement rule. It does not say the City enforces covenants, it contains no procedure for doing so, and it does not say a covenant decides the outcome of a hearing.
City code enforcement is a separate track under Section 1-8(c). The special magistrate's jurisdiction covers violations of city ordinances, the City Code, and any county code or state statute incorporated into the City Code, occurring within the City of Margate. The definition of "Code" in that subsection names the Margate City Code and the codes and statutes incorporated into it, and does not mention association covenants. Code officers start each case, and the special magistrate has no power to initiate one. The officer gives the alleged violator written notice under Chapter 162 of the Florida Statutes and a reasonable time to correct. If the violation continues, or is a repeat violation, the clerk sets a hearing with at least seven working days' written notice. The officer carries the burden of proof by the greater weight of evidence. The term "violator" includes a property owner when the violation exists on, or comes from, the owner's property but is caused by tenants.
Violations & Fines
A city code violation goes to a code officer and then a special magistrate, who can fine up to $1,000 per day for a first violation, $5,000 per day for a repeat violation, and up to $15,000 per violation if the violation is irreparable or irreversible. A recorded order becomes a lien on the land. Civil citations start at $25 and run to $500 by category, plus a $5.00 technology fee. Section 2-16 itself sets no penalty.
Frequently Asked Questions
Does the City of Margate enforce my HOA's covenants?
Which associations does Section 2-16 cover?
What happens after a Margate code officer finds a violation?
What counts as a repeat violation in Margate?
Sources & Official References
Other rules in Margate
Florida rules heatmap·Compare Margate to another location·View the Florida hoa rules overview
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CC&R Enforcement in Nearby Cities
How other cities in Broward County handle cc&r enforcement.