1. Condominium associations and homeowner associations in Florida are governed by declarations/covenants, bylaws, articles of incorporation, and Florida Statutes.
2. Board members of these associations must be familiar with the governing documents and Florida law to properly govern the communities.
3. Owners in these communities should also be familiar with the governing documents and Florida law to understand their rights and obligations.
4. The association’s governing documents are recorded in the public records of the county where the community is located, putting potential buyers on notice of the community’s rules and regulations.
5. Well-drafted governing documents establish an order of precedence to determine which document controls over the others, with the declaration likely addressing issues such as architectural approval, liens, assessments, fines, and voting.
6. The association’s board has authority to enact rules for the community under the declaration.
7. Condominium unit owners must give up a certain degree of freedom of choice for the health, happiness, and peace of mind of the majority of the unit owners, as they are living in close proximity and using facilities in common. 1. Restrictions in the association’s governing documents are presumed valid and will likely be enforced by Florida courts if they are reasonable and unambiguous.
2. Restrictive covenants will be strictly construed in favor of free and unrestricted use of real property.
3. Associations must uphold the covenants and restrictions set forth in their governing documents, or they may face an argument of selective enforcement/estoppel.
4. Amendments to governing documents may be necessary for associations that have been established for over 20 years, in order to address critical issues for today’s associations. 1. The importance of knowing, understanding, and following the governing documents and Florida law in a condominium or HOA cannot be overstated.
2. Board members and owners must be knowledgeable about the rules and regulations outlined in the documents and the law.
3. Consulting an attorney for questions regarding these documents and laws is advisable.
https://www.jimersonfirm.com/blog/2016/02/florida-condominium-and-homeowner-associations-know-your-governing-documents-and-florida-law/
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