Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members.
In an HOA, residents own their property, but the association owns and maintains common areas, such as lobbies, pools, clubhouses, and gyms. Conversely, in a COA, owners own their individual units and a percentage of all shared property, like tennis courts, pickleball courts, sidewalks, and parking lots.
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.
Florida law specifically calls for HOAs to be established as non-profit entities (although condo associations may be either non-profits or for-profit LLCs or corporations).
The HOA board president is vested with the same powers typically given to the chief executive officer of a corporation. This office should be the authority on the rules and laws that govern the board, handle procedural duties, and serve as the spokesperson for business matters.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
The new HOA law in California, passed in September 2024, includes amendments to the Davis-Stirling Act of 1985. These amendments make it possible for HOAs to conduct elections online rather than through costly and time-consuming paper balloting.
What's The Difference Between A Condo And A Co-Op? The main difference between condos and co-ops boils down to who owns the property. If you live in a inium, you have ownership over your individual unit. If you live in a co-op, you own shares of a company that owns the building.
In an HOA, residents own their property, but the association owns and maintains common areas, such as lobbies, pools, clubhouses, and gyms. Conversely, in a COA, owners own their individual units and a percentage of all shared property, like tennis courts, pickleball courts, sidewalks, and parking lots.