You might be shocked to learn that, yes, just like a bank, a homeowners association (HOA) can foreclose on a home. This type of action affects thousands of Florida homeowners, sometimes over minor amounts of overdue memberships dues and late fees every year.
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.
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.
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.
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.
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.
The state law, passed in 2022, requires associations to have sufficient reserves to cover major repairs.
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.
HOA Board Membership Numbers Typically, a board needs at least three members, but the maximum size will depend on state laws and the governing policies. HOA boards can expand where the demands and scope of the association increase due to new homes in the neighborhood or a larger number of residents.
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.