The Florida Legislature amended the Florida inium Act in 2018 to impose an eight-year term limit for board members.
What does it mean to HOA's? The simplified explanation is that the recorded covenants governing a community must be preserved before the end of a 30 year period beginning on the date they were recorded.
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.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
One of the unintended consequences of the Act is that the Declarations of Covenants, Conditions and Restrictions recorded for HOAs may expire after 30 years of the date which they were recorded.
Certain states, including Florida, have adopted the 1956 Marketable Record Title Act, which says that deed restrictions expire within 30 years of inception. That means after 30 years, a homeowners' association is technically unable to enforce the rules and can no longer collect monthly dues from community homeowners.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
10 things to include in your HOA bylaws Name and purpose. The very first bylaws are the ones in which the association states its. Membership requirements. Board duties. Officer duties. Board member meetings. Member meetings. Committees. Non-compliance to bylaws.
The only way to force an HOA to enforce the rules is file for arbitration against the HOA or gain support from neighbors and recall the board. There is no FL government sector that watches over HOAs.
Examples of Common HOA Rules Architectural controls. Lawn and holiday decoration restrictions. Home maintenance standards. Noise complaint policies. Home occupancy limits. Parking rules and guidelines. Pet size and quantity limits. Short-term rental restrictions.