“You can quote all the documents but they do not pertain to neighbor disputes.”
Who said that?
I assure you there are no exceptions for “neighbor disputes” in any of the governing documents, ordinances, laws or rules I have reviewed on the topics of this website and such would not likely be upheld in a matter that raised to level of litigation.
So what is the Law?
The Homeowners Association has jurisdiction over the law according to the governing documents. They have discretionary latitude to augment existing laws, however, directives contrary to existing laws may be challenged in court. So the governing documents and any amendments must be in compliance with other local, state and federal laws.
The City of Boynton Beach has rules and laws, particularly as they apply to a PUD, such as Crystal Key at Woolbright Place, which makes it a restricted use community in accordance with the governing documents and the City Ordinances. The PUD classification allows for lots to be smaller and building closer, but restricts the use accordingly. As with the governing documents of the HOA, the City must maintain their Ordinances in compliance with other state and federal laws. Many of the restrictions in the HOA Covenant are based on City Ordinance.
There are Florida State Statutes that apply to the operation of the HOA, that member should be aware of, that should be monitored for compliance to maintain a non-profit status for the Corporations that are supposed to be in compliance.
Take a look at this: Chapter 720 Homeowner Association Rules
One of these state laws of importance, particularly if board members hold special interests, is the requirement for the Board Members to Certify and requires suspension if they do not.
720.3033 Officers and directors.— (November 2023. See link above for current rules)
(1)(a) Within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment.
(b) The written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. A director who does not timely file the written certification or educational certificate shall be suspended from the board until he or she complies with the requirement. The board may temporarily fill the vacancy during the period of suspension.
And on a Federal level, there are a multitude of rules. One we must mention prohibits discrimination, including quid-pro-quo discrimination involving special interests. Discrimination against disabled people commonly occurs when an HOA refuses to make a “reasonable accommodation” or to allow a “reasonable modification” for the disabled person’s needs, according to the Americans with Disabilities Act. Board members are generally personally immune (indemnified) and assessments would fall on the HOA members.