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 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 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.
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.
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.
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.
Federal Law Supersedes State Law. While a municipality can write local laws they can be stricter than the State law (as long as they do not run counter to the State or U.S. Constitution) But cannot contradict state law.
Finally, is an HOA considered a local government? No—HOAs are not considered a local government entity. While they do hold some administrative functions for a community, such as collecting assessments and enforcing rules, they do not possess the authority granted to real government bodies.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.