Question: The issue of “sober houses” and other types of group homes has arisen in our community. We would like to know if we can amend our homeowners’documents to prohibit such uses? (S.W. by e-mail)
Answer: In 2016, the Florida Legislature adopted the “Florida Sober Home Bill,” which creates a new certification for “recovery residences” (often referred to as “sober houses”) and for recovery residence administrators. While the certification is voluntary, the legislation also provides that state licensed service providers may only refer patients to certified recovery residences.
Most association governing documents limit the use of the homes to single family residences. However, there are circumstances where an association may be required to grant exceptions to its rules and restrictions, including single family use restrictions.
Homeowners’ association are typically considered “housing providers” and are subject to various fair housing laws, including the federal Fair Housing Act. The FHA prohibits discrimination in housing based on a number of criteria including “handicaps,” which is most often referred to by enforcement agencies as “disabilities” (the term “handicap” is sometimes considered a pejorative term).
There have been a number of cases construing whether group homes or similar facilities must be granted “reasonable accommodations” to serve disabled persons. Individuals recovering from alcohol or drug dependence are entitled to the protections of the FHA.
Given the potential liability affiliated with a legal misstep, I would suggest that your association consult with its attorney to properly advise the board if such amendments are being considered.