Condominium Bylaws Condo With Hoa In Palm Beach
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FAQ
Residents may file a inium/Cooperative Complaint Form (PDF) directly with the Division of Florida iniums, Timeshares and Mobile Homes. Hardcopies of the form can be obtained by calling 1.800. 226.9101 or 850.488. 1122.
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.
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;
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.
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.
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.
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.
Typically, homeowners will need to submit a written request to the HOA board, the body responsible for maintaining these records. Though, some associations will accept a phone call or a simple email. Remember to write your request using a friendly yet professional tone instead of a demanding one.
