Florida Agreement between Homeowners' Association and Individual Lot Owners for Association to Replace and Maintain Boundary Fence
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FAQ
We are frequently asked the question, "What is the Sunshine Law?" Although Florida's Sunshine in Government Act does not apply to community associations, the statutes applicable to condominiums, cooperatives, and homeowners' associations each contain their own "sunshine" requirements.
Basically, the drywall and anything behind it is the association's responsibility; everything from the drywall finish out into the unit is the owner's responsibility. The unit owner is also responsible for his or appliances, furniture, and cabinets and other fixtures.
Chapter 718 of the Florida Statutes, also known as The Condominium Act, is a chapter of law that governs condominiums in the State of Florida. The Condominium Act should be read in conjunction with Chapters 61B-15 through 25, 45 and 50, Florida Administrative Code.
The Florida Condominium Act, Fla. Stat. §718.101, et. seq., governs the formation, management, powers, and operation of condominium associations in Florida.
The simple answer is NO. HOA rules cannot override state law.
(1) The division may enforce and ensure compliance with the provisions of this chapter and rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium units.
The Sunshine Law, however, is not generally applicable to a private association unless the association has been delegated the authority to perform some governmental function. Thus, the Sunshine Law would not generally apply to meetings of a homeowners' association.
The Florida Homeowners' Association Act (HAA), Fla. Stat. §720.301, et. seq., governs the formation, management, powers, and operation of HOAs in Florida.
The Sunshine Law applies to public boards and commissions, i.e., collegial bodies. As discussed supra, section 286.011, Florida Statutes, applies to meetings of "two or more members" of the same board or commission when discussing some matter which will foreseeably come before the board or commission.
