Miramar, FL HOA Rules: CC&R Enforcement (2026)
Key Facts
- Governing section
- City Code § 22-29
- HOA statute referenced
- F.S. Chapter 720
- Condo statute referenced
- F.S. Chapter 718
- City's role
- Forwards affidavit, does not enforce CC&Rs
- Delivery method
- Certified mail to registered association
Summary
Miramar does not enforce private HOA or condo association rules, but Code of Ordinances Section 22-29 requires anyone applying for a building permit on property inside an association to sign an 'affidavit of awareness' acknowledging that a city permit does not override any additional Homeowners' or Condominium Association regulations. The building division then forwards a copy to the registered association by certified mail.
(a)Declaration of intent. The intent of this section is to require property owners whose property is governed by a Homeowners' Association or Condominium Association to provide affidavits indicating their awareness that they may be subject to additional association regulations despite the issuance of a building permit for renovations by the city. (c)Affidavit requirement.(1)Affidavit of awareness. As part of the application process for a building permit in accordance with this chapter and with Section 713 of the Land Development Code, each applicant shall sign an affidavit (the "affidavit of awareness") indicating that the applicant is aware that, if the subject property is located in a Homeowners' Association or Condominium Association, as defined in this section, the applicant's property may be subject to additional regulations despite the issuance of a building permit by the city.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 104 | Land Development Code: Supplement 46).
Full Breakdown
Section 22-29 defines a Homeowners' Association as one created under Chapter 720, Florida Statutes, and a Condominium Association as one created under Chapter 718, Florida Statutes. Under subsection (c), as part of the building permit application process required by Chapter 22 and Section 713 of the Land Development Code, every applicant must sign the affidavit of awareness confirming they understand that, if their property sits within an HOA or condo association, they may face additional association-level regulations beyond whatever the city's building permit allows. The building division then forwards a copy of the signed affidavit by certified mail, at the applicant's expense under a fee set by resolution, to the governing association, but only if that association has registered for inclusion on the city's master list of associations.
The section's declared intent is narrow: it exists to make property owners aware that association rules can be more restrictive than city code, not to give the city any role in interpreting, applying or enforcing those private covenants and restrictions. Miramar's code does not authorize city code enforcement officers to cite a property for violating an HOA's CC&Rs; that remedy stays with the association itself under its own governing documents and Florida's HOA and condominium statutes.
Violations & Fines
The code does not specify a penalty for an applicant who fails to sign the affidavit, but because Section 22-29(c) folds the affidavit into 'the application process for a building permit,' a missing affidavit can hold up permit issuance under the broader review standards of Land Development Code Section 318.3. The city's own role stops at forwarding the affidavit to a registered association; the city does not investigate or penalize CC&R violations, and an association's own enforcement (fines, liens, or suits) proceeds separately under its governing documents.
Frequently Asked Questions
Does a Miramar building permit override my HOA's rules?
Will Miramar enforce my HOA's CC&Rs against a neighbor?
How does my association find out I applied for a Miramar building permit?
Sources & Official References
Other rules in Miramar
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