When a landlord owns rental property within a homeowner association (HOA), the landlord must navigate not only Florida’s landlord-tenant laws but also the HOA’s restrictive covenants, rules, and enforcement actions. A recent case from Florida’s Fourth District Court of Appeal, Mooney v. Color Le Palais of Boynton Beach Homeowners Association (Aug. 27, 2025), illustrates the risks and responsibilities for owners who lease their property in an HOA community.
The Case
Justin Mooney and Katarina Korray replaced nearly their entire front yard with mulch and landscaping plants, removing the grass sod required by the HOA’s declaration. The HOA demanded compliance, alleging that the “mulch lawn” was unsightly, spread debris during storms, and even blocked storm drains. When the homeowners refused to mediate, the HOA sued for injunctive relief.
While the case was pending, the owners eventually re-sodded their lawn, rendering the case technically moot. But the trial court still entered judgment for the HOA, finding it the prevailing party and awarding over $40,000 in attorney’s fees. On appeal, the Fourth DCA affirmed, ruling that:
- HOAs do not have to prove “irreparable harm” or “no adequate legal remedy” when enforcing restrictive covenants.
- The existence of a self-help remedy (such as the HOA replacing the sod and billing the owner) does not bar the HOA from seeking an injunction.
- Injunctive relief is favored because self-help carries risks of disputes, damage, or even breach of the peace.
- When a homeowner complies during litigation, the HOA still qualifies as the prevailing party for purposes of attorney’s fees.
- The court certified conflict with other districts that have taken the opposite view (namely, self-help is an “adequate remedy at law”, thus preventing injunctive action), so the Florida Supreme Court may eventually decide the issue statewide.
Lessons for Landlords
If you own rental property within an HOA, this case carries several important takeaways:
- Tenants’ actions are your responsibility. Even if a tenant makes unapproved changes to landscaping, parking, or exterior appearance, the HOA will hold you—the owner—responsible. Landlords should include lease provisions requiring tenants to comply with HOA rules and making violations a lease default.
- HOAs can go straight to court. Landlords cannot rely on the idea that an HOA must first use its self-help remedies or prove that monetary damages would be inadequate. Injunctions are an efficient, court-sanctioned remedy, and Florida law strongly supports their use in covenant enforcement.
- Attorney’s fees can be staggering. The HOA in Mooney recovered over $40,000 in fees. Many declarations, along with F.S. 720.305, authorize prevailing party fee awards. For landlords, this means that even if you ultimately comply, you could still be hit with tens of thousands of dollars in legal costs.
- Compliance during litigation may not save you. Waiting until after a lawsuit is filed to correct a violation may still result in the HOA being deemed the prevailing party. For landlords, this underscores the need to address HOA notices promptly and not delay enforcement on tenants.
- Risk management requires communication. If a tenant’s actions risk violating HOA covenants, landlords should intervene early, before the HOA escalates to litigation. Quick corrective action can prevent attorney’s fee exposure.
- Lease drafting is critical. Leases should obligate tenants to comply with HOA covenants and provide the landlord with the right to cure violations at the tenant’s expense. A well-drafted indemnification clause can help landlords pass liability for tenant-caused violations back to the tenant.
Practical Example
Imagine a tenant who decides to paint the front door red without HOA approval. The HOA demands restoration, but the tenant refuses. The HOA sues the landlord. Even if the landlord ultimately repaints the door, the HOA could still win its case and recover attorney’s fees. Without strong lease provisions, the landlord may have little recourse against the tenant for those fees.
Summary
The Mooney case is a reminder that HOA rules are not optional, and courts will support associations in enforcing restrictive covenants, even where self-help is available. For landlords, the lesson is clear:
- Stay proactive with HOA compliance.
- Educate tenants about HOA rules.
- Build protections into your leases.
- Act quickly when you receive an HOA notice.
- Enforce lease violations quickly.
By taking these steps, landlords can avoid costly disputes and safeguard their rental investments in HOA communities.