Bylaws Rules And Regulations In Florida
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Corporate bylaws are legally required in Florida. Florida law requires corporations to adopt bylaws.
Each document serves a specific purpose and contributes to the governance of your community. While CC&Rs and Bylaws provide foundational guidelines, Rules & Regulations offer flexibility to address evolving circumstances.
Each document serves a specific purpose and contributes to the governance of your community. While CC&Rs and Bylaws provide foundational guidelines, Rules & Regulations offer flexibility to address evolving circumstances.
If CC&Rs cover the “what” of the HOA, the bylaws cover the “how.” Your community's bylaws establish the structure of day-to-day governance of your homeowners association. This includes things like: Frequency of HOA board elections. Process for nominating and electing new board members.
A court of law will side with your bylaws in any dispute brought by another board member, an employee, volunteer or recipient of services who may have a grievance. Keep your bylaws relevant.
Your bylaws are legally binding—so treat them as such. Failure to comply with your bylaws can result in issues ranging from organizational conflict to personal liability, the rejection or loss of tax-exempt status, and in some cases, lawsuits.
In Florida, a corporation is only required to have at least one director, however you are permitted to have more. That same person may also be the only shareholder and officer.
The officers of the corporation shall be a chief executive officer, a president, a vice president, a secretary, a treasurer, and any other officers and assistant officers as may be deemed necessary, and as shall be approved, by the board of directors. Any two or more offices may be held by the same person.
A Corporate Seal is a hand-held “raised seal” that is used to imprint or emboss the corporate name, the year of formation, and the state of formation. Although this stamp is no longer required by law, many corporations choose to still use this, and Incnow® can provide a Corporate Seal.
