In Florida, the Articles of Incorporation are essential for establishing an HOA as a legal entity. These documents must contain fundamental details like the association's name, its purpose, and the location of its initial office.
How long does HOA approval take? It generally takes between 30 and 60 days, but the time varies based on the HOA's governing documents.
How do I find my HOA rules and regulations in Florida? Most of the time, you can find the bylaws, rules and regulations for your homeowner association on your county's clerk of courts website. The county your association is located in should have a record of your HOA's governing documents.
Homeowners' associations in Florida can legally enforce the rules and regulations established in their governing documents, which can cover a wide range of issues such as the maintenance and upkeep of parcels, architectural guidelines, the standards for landscaping, pet policies, and more.
Copies of the Articles of Incorporation and bylaws of the homeowners association can be obtained from the Florida Department of State, Division of Corporations. Copies of the governing documents may also be obtained directly from the homeowners association.
An association has the duty to enforce the restrictions set forth in its CC&Rs. When it fails to do so, “a homeowner can sue the association for damages and an injunction to compel the association to enforce the provisions of the CC&Rs.” (Posey v.
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.
“As of July 1, HOAs will be prohibited from banning common-sense parking, fining residents for leaving garbage cans out on trash day, creating rules for the inside of structures or backyards (like prohibitions against gardens or clotheslines) that can't be seen from the street, neighboring property or common area, and ...
“As of July 1, HOAs will be prohibited from banning common-sense parking, fining residents for leaving garbage cans out on trash day, creating rules for the inside of structures or backyards (like prohibitions against gardens or clotheslines) that can't be seen from the street, neighboring property or common area, and ...
Florida homeowner associations have the authority to regulate common areas, collect charges to maintain these areas, enforce community covenants, and impose fines or liens against non-compliant homeowners, all within the limits of Florida law and their own governing documents.