We analyzed the recorded deed restrictions for Celebration in Osceola County, FL and found 13 issues and 8 gaps between their rules and Florida law.
Celebration is a master-planned community in Osceola County founded by The Walt Disney Company in 1996 and governed by the Celebration Residential Owners Association (CROA). We analyzed the full Community Charter — the Amended and Restated Declaration of Covenants, Conditions, and Restrictions recorded in OR Book 2338, Page 2780 (2003) — which replaced the original 1995 Declaration (OR Book 1298, Page 1889). The Charter is unusually long and detailed, reflecting Disney's vision of total aesthetic control. While the Charter includes some protections absent from other Florida HOAs — a 30-day ARC response deadline, a deemed-approved provision, and a mandatory dispute resolution process — it also reserves extraordinary powers to The Celebration Company (Disney's development subsidiary), many of which persist decades after Disney sold most of its interests.
Source: Celebration Community Charter (OR Book 2338, Page 2780, Osceola County, 2003), celebrationinfo.com, celebration.fl.us design guidelines
The Charter authorizes the Board to impose 'reasonable monetary fines' after notice and hearing (Section 8.2(a)(i)), but defines no fine amounts, no escalation schedule, and no maximum. Without specific amounts in the governing documents, Florida's statutory default cap of $100 per violation and $1,000 aggregate applies. Any fine exceeding these limits is challengeable unless CROA can point to a separately adopted fine schedule.
Section 8.2 states that all fines and sanctions 'shall continue to accrue during the time period of any challenge, appeal, arbitration, or mediation.' The accrued amount remains due unless the reviewing body finds the fine was 'arbitrary and capricious.' This creates enormous financial pressure to pay fines immediately rather than exercise appeal rights. Florida's HB 1203 (2024) requires at least 30 days after the committee's written decision before payment is due.
Section 8.2(b) authorizes the Association to exercise 'self-help' to abate violations — including entering your property, removing personal property, towing vehicles, and requiring you to remove structures — without prior notice or hearing in emergencies, and with only 20 days' written notice in non-emergencies (Section 8.2(b)(iv)). While the Charter says this 'shall not be deemed a trespass,' Florida due process requirements may limit this power.
Section 8.1 makes each Owner responsible for — and subject to sanctions for — all violations by occupants, tenants, guests, and invitees of their Unit. Fines can be assessed against the violator first, but if unpaid, the Owner must pay (Section 8.2(a)(i)). This creates vicarious liability for actions the Owner may not have known about or been able to prevent.
Section 5.4(a) states that the Reviewer has 'sole discretion to make final, conclusive, and binding determinations on matters of aesthetic judgment' and that such determinations 'shall not be subject to the procedures in Chapter 19 or judicial review.' This means ARC denials based on aesthetics cannot be appealed through the Charter's dispute resolution process and, per the Charter, cannot be challenged in court — an unusually broad shield. Florida Statute §720.3035 requires ARC denials to cite specific rules, which may override this provision.
Section 5.4(b) requires the Reviewer to respond within 30 days of a completed application (40 days if subject to Celebration Company veto). If the Reviewer fails to respond, the applicant can send written notice giving 10 more days — after which approval is deemed granted. This is stronger than most Florida HOAs, which have no deemed-approved provision. However, deemed approval cannot be inconsistent with Design Guidelines unless a written variance is granted.
Section 5.4(a) explicitly states that 'compliance with the Design Guidelines does not guarantee approval.' The Reviewer may consider 'any factors it deems relevant' including 'visual and environmental impact, ecological compatibility, natural platforms and finish grade elevation, and harmony of the proposed external design.' This subjective standard means even fully compliant applications can be denied.
Section 5.3(b) gives The Celebration Company (Disney subsidiary) 10 business days to veto any ARC decision 'in its discretion.' Section 5.3(a) reserves exclusive design review authority to The Celebration Company until the later of the end of the Development and Sale Period or until all planned Units have certificates of occupancy. The Company also retains sole authority to amend the Design Guidelines (Section 5.4(a)). Disney sold the Town Center to Lexin Capital in 2004 but The Celebration Company still holds reserved rights under the Charter.
Section 21.2 allows The Celebration Company to 'unilaterally amend this Charter for any other purpose' during the Development and Sale Period, provided the amendment has no 'material adverse effect upon any right of any Owner.' The Development and Sale Period lasts as long as The Celebration Company or any affiliate owns real property in the Community or has an unexpired option to expand. This power persists long after Disney sold most assets.
Section 21.2(b) allows owners to amend the Charter with 51% of voting members (including 51% of non-Celebration Company votes). Florida Statute §720.306(1)(b) sets the default at two-thirds (67%) unless the documents specify otherwise. While the Charter's lower threshold is technically permitted, it also means amendments opposed by nearly half of owners can still pass. During the Development and Sale Period, The Celebration Company's written consent is also required.
Section 21.2(e) provides that no amendment may 'directly or indirectly remove, revoke, or modify the status of, or any right or privilege of, the Joint Committee or The Celebration Company without the written consent of the Joint Committee or The Celebration Company.' Chapter 18 cannot be amended without The Celebration Company's consent and its reserved rights last up to 75 years from the original 1995 recording (until approximately 2070).
Chapter 19 requires all disputes to go through a mandatory process: written Notice stating the claim, good-faith Negotiation (30 days), Mediation (30 additional days), and then Arbitration — all before any lawsuit can be filed. If a claimant fails to submit to mediation within 30 days or fails to appear, the claim is deemed waived. The Association cannot initiate litigation without 75% of total votes. This is more structured than most HOAs but also makes it harder for individual homeowners to get to court.
Section 8.3 gives the Board discretion on whether to pursue enforcement. The Board may decide a violation is 'not of such a material nature as to be objectionable to a reasonable person' or 'not in the Association's best interests' to enforce. The Charter states that 'a decision not to enforce a particular provision shall not prevent the Association from enforcing the same provision at a later time.' While this protects the Board, it also enables selective enforcement — a recognized defense under Florida law.
Florida Statute Chapter 720 sets minimum requirements for HOA enforcement. Here is where Celebration's deed restrictions fall short.
Got a violation from Celebration CROA? Upload your notice along with your story and we will match it against the Community Charter's provisions and Florida law to find your strongest defense. Disney may have designed the rules, but Florida law still applies.
Start Your CaseFree case analysis. Full report from $49.
Homeowners in Celebrationmost commonly receive violations for exterior paint colors, landscaping changes, unauthorized structures, parking infractions, and signage. The community's Deed Compliance department actively patrols neighborhoods and issues notices.
If you received a violation notice, you have rights under Florida law regardless of what the deed restrictions say. Florida Statute Chapter 720 sets minimum procedural requirements that your HOA must follow before imposing any fine, including written notice and a hearing before the board.
Many homeowners do not realize that their HOA's internal documents may not reflect all the protections available to them under state law. That gap between what the documents say and what the law requires is often where the strongest defenses are found.