Every Homeowners Association (HOA) or inium Owners Association (COA) must comply with the appropriate Chapter of Florida Statutes and their own Governing Documents which are recorded in Public Records of the County where the property is located.
Articles of Incorporation They must include basic information such as the name of the association, its purpose, and the initial office location. ing to Florida law, after October 1, 1995, all associations must be incorporated, and their governing documents must be recorded in the county records.
Ron DeSantis recently signed into law House Bill 1203 which adopted broad changes for homeowners associations throughout the state. Effective July 1, 2024, House Bill 1203 provides a comprehensive overhaul of many issues affecting HOAs, including director education, records maintenance, meeting requirements and fines.
Generally, it is the laws that were in effect at the time the HOA documents were recorded. Your HOA documents are contracts between the HOA and its members so new laws cannot, generally, be applied retroactively to override them.
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.
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.
HOAs can no longer prohibit homeowners or guests from parking personal vehicles, including pickup trucks, in driveways or legal parking areas. First responders can park assigned vehicles on public roads within the HOA. HOAs cannot ban vegetable gardens or clotheslines if they're not visible from public areas.
The Florida statute lays out the process that an association must go through to preserve the effectiveness of the recorded covenants if the 30 years has not yet expired. The preservation process will mean that the covenants are effective under MRTA for another 30 years.
Starting a homeowners' association (HOA) is a significant undertaking that can transform a neighborhood into a well-maintained, thriving community. From ensuring compliance with Florida's specific legal requirements to establishing a clear governance structure, the process requires careful planning and execution.