In an HOA, residents own their property, but the association owns and maintains common areas, such as lobbies, pools, clubhouses, and gyms. Conversely, in a COA, owners own their individual units and a percentage of all shared property, like tennis courts, pickleball courts, sidewalks, and parking lots.
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 law specifically calls for HOAs to be established as non-profit entities (although condo associations may be either non-profits or for-profit LLCs or corporations).
The HOA board president is vested with the same powers typically given to the chief executive officer of a corporation. This office should be the authority on the rules and laws that govern the board, handle procedural duties, and serve as the spokesperson for business matters.
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.
HOA Information and Documents Florida Recorded Document Search - Visit the county recorder's office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents.
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.
While they must file with the county government, homeowners' associations in Florida are not governed by a government agency. Community associations must operate within the guidelines of Chapter 720 and if they are out of compliance, it is up to the community members to litigate against the HOA.
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.