Condominium Bylaws Condo Association Fort Myers In Dallas
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FAQ
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.
Disclosure Requirements Disclosure is mandated by law, often through public records and real property records. Before purchasing a home, buyers must receive a set of documents detailing the HOA's health, such as its covenants, conditions, restrictions, bylaws, rules, and financial statements.
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 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.
Typically, homeowners will need to submit a written request to the HOA board, the body responsible for maintaining these records. Though, some associations will accept a phone call or a simple email. Remember to write your request using a friendly yet professional tone instead of a demanding one.
In general, homeowners can request HOA documents that cover the following: Governing documents, including the CC&Rs, bylaws, articles of incorporation, community plat, and operating rules; All board and membership meeting minutes and notices; Membership lists; All insurance policies of the association;
The records of the association shall be made available to a unit owner within 45 miles of the inium property or within the county in which the inium property is located within 10 working days after receipt of a written request by the board or its designee.
Keep in mind that anyone can see HOA records that have been filed with the Florida Secretary of State online, which include documents pertaining to the formation of an HOA, financial statements and annual reports, and the records of the dissolution of an HOA.
In summary, condo board members in Florida may face personal liability in certain situations, contingent on the nature of the claim, liability source and available insurance coverage or indemnification.
