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.
Generally, it is the laws that were in effect at the time the HOA documents were recorded. Your HOA documents are contracts between the HOA and its members so new laws cannot, generally, be applied retroactively to override them.
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.
Articles of Incorporation They must include basic information such as the name of the association, its purpose, and the initial office location. ing to Florida law, after October 1, 1995, all associations must be incorporated, and their governing documents must be recorded in the county records.
Chapter 720 of the Florida Statutes governs homeowners' associations (HOAs) in Florida. Unlike iniums or cooperatives, homeowners' associations typically govern single-family homes in a specific development or community.
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.
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.
Unless otherwise provided in the bylaws, 30 percent of the total membership is required to constitute a quorum. Decisions shall be made by a majority of members represented at a meeting at which a quorum is present.
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.
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.