Condo Bylaws Vs. Rules And Regulations In Florida
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Under new state regulations, iniums must maintain financial reserves for major repairs and conduct structural inspections for buildings three stories or taller. Gov. Ron DeSantis signed the law in response to the partial collapse of Champlain Towers South, which killed 98 people in Surfside in June 2021.
“As of July 1, HOAs will be prohibited from banning common-sense parking, fining residents for leaving garbage cans out on trash day, creating rules for the inside of structures or backyards (like prohibitions against gardens or clotheslines) that can't be seen from the street, neighboring property or common area, and ...
Although a board may propose a rule that changes or modifies the declaration the board will still need to have the owners vote to approve the change and follow the procedures for amending the declaration. The board may not act alone in this regard.
Iniums are primarily governed by Florida Statutes, the inium's governing documents (declaration, by-laws, articles of incorporation), and their rules and regulations. Generally, declarations supersede all other governing documents.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
HOA rules cannot override state or federal laws. If a rule conflicts with higher legal standards, it becomes unenforceable. For instance, the Federal Communications Commission (FCC) protects homeowners' rights to satellite dishes.
The state law, passed in 2022, requires associations to have sufficient reserves to cover major repairs.
The 2022 state condo law, known as SB-4D, and its 2023 follow-up, SB-154, establish three primary requirements: licensed inspections, reporting and disclosures, and reserve funds. Importantly, these laws are not tax legislation that directly increases housing costs on condo owners.
Iniums are primarily governed by Florida Statutes, the inium's governing documents (declaration, by-laws, articles of incorporation), and their rules and regulations. Generally, declarations supersede all other governing documents.
The Florida Department of Business and Professional Regulation's (DBPR) CTMH Division oversees five program areas: iniums, cooperatives, timeshares, mobile homes, and yacht and ship brokers and salespersons.
