The Law of Florida Homeowners Associations
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A homeowners association is designed to preserve the common welfare and property values of the community. In a well-operated community, it does. In a poorly run community, it does not. The proper operating procedures are not difficult, but they are often overlooked or misunderstood. This book is a guide to help ensure that the association carries out its responsibilities fairly and effectively under current Florida laws.
Introduction ix1 The Homeowners Association and the Community Concept 11.1 Homeowners Association Concept 21.2 Applicable Law and Legislative Intent 31.3 The Community 31.4 The Homeowners Association 41.5 Assessments 51.6 Declaration of Covenants 61.7 Articles of Incorporation 81.8 Bylaws 91.9 Rules and Regulations 91.10 Priority and Consistency of the Documents 101.11 Minutes and Records 111.12 Community Association Management 121.13 Automated Electronic Defibrillator 132 Meetings of the Membership 142.1 General 152.2 Annual and Regular Meetings 152.3 Special Meetings 162.4 Content of Meeting Notice 162.5 Proxies 172.6 Conducting the Meeting 182.7 Debate 192.8 Matters Out of Order 202.9 Voting and Vote Tabulations 212.10 Election of the Board of Directors 232.11 Board Elections Ballot 242.12 Decorum 252.13 Speaking at Membership Meetings 252.14 Recording and Taping Membership Meetings 262.15 Adjournment to a Different Time 262.16 Smoking and the "Clean Indoor Air Act" 273 Board of Directors and Meetings of the Board 283.1 General 293.2 Election and Selection 293.3 Failure to Fill Board Vacancies 303.4 Eligibility 313.5 Resignation, Recall and Removal 323.6 Fiduciary Relationship 333.7 Indemnification 343.8 Meetings of the Board 343.9 Notice to Board Members 353.10 Notice to Association Members 363.11 Membership Participation 373.12 Committees 384 Officers 404.1 General 414.2 Election of Officers 414.3 President 424.4 Secretary 434.5 Treasurer 434.6 Vice President 444.7 Registered Agent and Office 454.8 Other Officers 454.9 Scope of Authority 464.10 Resignation and Removal 474.11 Compensation 475 Budget and Finances 495.1 General 505.2 Recurring Operations 505.3 Reserves for Deferred Maintenance 515.4 Waiver of Mandatory Reserves 525.5 Recreational Amenities 535.6 Developing the Proposed Budget 535.7 Funding the Budget 545.8 Time for Payment and Delinquency 555.9 Enforcement and Liens 565.10 Suspension of Rights 585.11 Collection of Delinquencies from Tenant 585.12 Annual Financial Report 595.13 Annual Financial Filings 615.14 Contracts for Products and Services 626 Rights and Responsibilities of the Parcel Owner 636.1 General 646.2 Use of the Common Area 646.3 Guests and Tenants of a Parcel Owner 656.4 Membership and Voting Rights in the Association 666.5 Participation in Association Affairs 676.6 Access to Association Records 686.7 Financial Obligations 696.8 Sale and Transfer of the Parcel 706.9 Recreational and Common Facilities Leases 716.10 Display of Flags 736.11 Display of Signs 736.12 Access Ramp Construction 746.13 SLAPP Protection and Public Participation 746.14 Electronic Transmission of Notices 757 Covenants and use of Association Property 767.1 Covenants 777.2 Covenants for Operation and Maintenance 787.3 Compliance with the Covenants and Restrictions 797.4 Mediation and Enforcement of the Documents 807.5 Enforcement Sanctions and Penalties 827.6 Notice of Violation and Uniform, Timely Enforcement 837.7 Age and Occupancy Limitations 847.8 Lease and Rental Restrictions 867.9 Sale and Transfer Restrictions 867.10 Amendments to the Governing Documents 877.11 Revival of the Governing Documents 887.12 Towing of Unauthorized Vehicles 897.13 Private Roadways 907.14 Penny-ante Gambling 918 Architectural Control and Standards 928.1 Architectural Standards 938.2 Unauthorized Structures 938.3 Permitted Structures and Improvements 948.4 Uniform Community Scheme 958.5 Architectural Review Committee 968.6 Architectural Standards and Parcel Owner Rights 968.7 Architectural Standards and Local Codes 979 Rights and Responsibilities of the Developer 989.1 General 999.2 Rights and Privileges of the Developer 999.3 Limitations and Obligations of the Developer 1009.4 Assessment Responsibilities of the Developer 1019.5 Recreational Amenities 1029.6 The Developer and Transition of Control 1029.7 Organization of Owner-Controlled Board 1049.8 Common Law Warranties 1059.9 Construction Defects-Presuit Procedures 10510 Style and Format for Association Forms and Documents 10710.1 Membership Meeting Forms and Sample Documents 11110.2 Board of Directors Meetings and Sample Documents 12610.3 Officer and Committee Forms and Sample Documents 13810.4 Budget and Financial Forms and Sample Documents 14410.5 Disclosure Summary for Prospective Purchasers 151Table of Cases 153Subject Index 162
