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.
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.
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.
6 Steps to Amend HOA Bylaws and Covenants Amendment Proposal. The first step consists of a proposal describing the changes to the bylaw or covenant. Discussion Meeting. The board will then discuss the proposed amendment at a board meeting. Give it a Vote. Count the Votes. Amendment Approval. Recording and Effectivity.
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.
In essence, the main difference between most HOAs and condo associations is the type of property they represent. iniums represent condos – apartments, while HOAs represent houses. Regardless of the association, they are both democratic institutions and therefore need to conduct elections.
Gain board approval – Present the proposed amendments to the HOA board. Discuss the changes, address any concerns or questions the board members may have, and open the floor to also allow homeowners to ask questions. Then, hold a formal vote to approve the new rule or amendment.
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;