HOA board members in Florida have significant and important responsibilities, and while they are generally protected from personal liability, it is essential to understand the circumstances that could lead to legal exposure.
Florida House Bill 1203 introduces substantial reforms aimed at increasing transparency and accountability within HOAs. This bill mandates the online posting of governing documents, including covenants, restrictions, and financial records, ensuring that you, as a homeowner, have easy access to critical information.
In summary, condo board members in Florida may face personal liability in certain situations, contingent on the nature of the claim, liability source and available insurance coverage or indemnification.
A: In the case that there are no members willing to fill the vacancies on the board of administration for an association, per section 718.112(2)(d)2, Florida Statutes, if all members' terms would otherwise expire, but there are no candidates, the terms of all board members expire at the annual meeting, and such members ...
The Florida Homeowners' Association Act, Chapter 720 of the Florida Statutes, states that amendments to “governing documents” for homeowners' associations are not effective until they are recorded in the public records of the county in which the community is located.
In the State of Florida, three is the magic number. No matter the size of your association, your board must have at least three members, with the number stated in your articles of incorporation or bylaws. Your bylaws should also have provisions regarding the manner in which the board can expand.
Of the Florida Statutes, members of the board of an HOA will need to be removed via a majority vote of the board of directors. The recall can be without cause, but this can lead to problems with the recalled person if they decide to take legal action for being recalled or removed.
HOA Information and Documents Florida Recorded Document Search - Visit the county recorder's office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents.
In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years. The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago.
You might be shocked to learn that, yes, just like a bank, a homeowners association (HOA) can foreclose on a home. This type of action affects thousands of Florida homeowners, sometimes over minor amounts of overdue memberships dues and late fees every year.