Florida community association education. Reviewed November 4, 2026. General information, not legal advice.
Do not start with a label
Calling an occupant a squatter does not establish the legal facts. In a Northwest Florida community, an unfamiliar person could be a tenant, former tenant, family member, guest, purchaser or someone without permission. The correct response depends on ownership, authorization and the history of possession, not solely on whether the association has received a lease form.
Florida section 82.036 provides a limited alternative remedy through the county sheriff for qualifying unauthorized occupation of a residential dwelling. It is an owner or authorized-agent remedy with stated conditions. A board's general responsibility for a community does not automatically authorize it to act as the owner of a privately owned home or condominium unit.
Check every condition before seeking removal
The statute requires unlawful entry and continued occupation, a dwelling that was not open to the public when entry occurred, and an owner's direction that the person leave. It excludes current or former tenants under an owner-authorized written or oral rental agreement, immediate family members of the owner, and situations involving specified pending litigation between the owner and a known occupant.
The owner or authorized agent submits a verified complaint to the sheriff using the statutory process. Because the factual statements are made under penalty of perjury, uncertainty should be resolved rather than hidden. A disagreement over rent, a disputed oral lease or a family arrangement may require a different legal procedure.
The board should preserve relevant records and help the lawful owner identify the issue without making an unsupported legal classification. Contact emergency services for immediate danger. For possession disputes, use counsel and the appropriate law-enforcement or court process rather than improvised lock changes, utility interruptions or removal of belongings.
Adverse possession is a separate legal doctrine
Section 95.18 addresses adverse possession without color of title. It includes seven years of actual continued possession and additional statutory conditions involving taxes, a return to the property appraiser and the manner of possession. It is not an instant ownership right created by moving into an empty residence.
The statutory return itself expressly does not create an enforceable property interest. A board should not accept a filing or assertion as proof that the claimant owns the property. Nor should it attempt to adjudicate competing title claims. Obtain qualified advice and confirm ownership through appropriate records.
Board checklist
Identify the property owner and the association's actual authority. Preserve dated observations without confrontation. Ask the owner to clarify permission and tenancy history. Distinguish a records or covenant issue from possession of the dwelling. Refer a disputed factual history to counsel before any verified complaint. Keep sensitive occupant information restricted to those handling the matter. This guide applies statewide in Florida; Alabama properties require a separate legal process and should not use Florida forms.