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.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
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.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
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.
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.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.