Because HOA documents are legal documents, changes and revisions cannot be made to them without a vote taking place to accept an amendment to any of the documents. The exception to this rule, is that in an emergency, minor, and state- and federal-mandated amendments to HOA guiding documents do not require a vote.
Ron DeSantis recently signed into law House Bill 1203 which adopted broad changes for homeowners associations throughout the state. Effective July 1, 2024, House Bill 1203 provides a comprehensive overhaul of many issues affecting HOAs, including director education, records maintenance, meeting requirements and fines.
Although a board may propose a rule that changes or modifies the declaration the board will still need to have the owners vote to approve the change and follow the procedures for amending the declaration. The board may not act alone in this regard.
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.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
As a rule, owners are responsible for injuries caused to others by their want of ordinary care or skill in managing their property. If the tree belongs to the association, the board is responsible for properly caring for the tree to prevent any foreseeable damage to the neighboring property.
Should your property suffer harm as a result of an encroaching tree, you may be entitled to compensation for costs for repairs and or clean up. Take note, a judge will want to see proof of damages in the form of receipts showing the amount spent and any written estimates for work that has not been performed.
If the trunk is on the property line, the tree belongs to both neighbors. Otherwise it's exclusively owned by one neighbor or the other, even though the roots or branches may extend across the property line.
If the tree is actively destroying your personal pipes (that is, the roots now extend into your maintained sewer), you have every right to request that the HOA remove the offending tree limbs and roots, rebuild the common areas as it would be a possible legal liability for them otherwise, or repair your destroyed sewer ...
Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on another's land.