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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.
Filing an Official Complaint Residents may file a inium/Cooperative Complaint Form (PDF) directly with the Division of Florida iniums, Timeshares and Mobile Homes. Hardcopies of the form can be obtained by calling 1.800. 226.9101 or 850.488. 1122.
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.
In Florida, the regulation and oversight of HOA management companies fall primarily under the Florida Department of Business and Professional Regulation (DBPR) and the Division of Florida iniums, Timeshares, and Mobile Homes.
The DBPR Now Has Broader Authority to Investigate and Enforce Compliance | Florida Condo & HOA Law Blog.
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.
Residents may file a inium/Cooperative Complaint Form (PDF) directly with the Division of Florida iniums, Timeshares and Mobile Homes. Hardcopies of the form can be obtained by calling 1.800. 226.9101 or 850.488. 1122.
A property owners association, or POA, is formed to protect the undeveloped areas of a community. A homeowners association, or HOA, is formed to protect and manage a collection of homes.
An association has the duty to enforce the restrictions set forth in its CC&Rs. When it fails to do so, “a homeowner can sue the association for damages and an injunction to compel the association to enforce the provisions of the CC&Rs.” (Posey v.