Last week we suggested that now was a good time to consider spending some time reviewing your declaration and finally trying to amend those provisions that need amending. I hope you listened.
Since we’re not quite back to life being normal, keep busy and now think about amending your rules. Some general guidelines first:
- Rules have to have a legitimate purpose. They cannot be arbitrary and capricious.
- The Rules should be related to the health, welfare and safety of the community;
- Rules can generally be made by the board and do no not require a vote of the owners.
- Some bylaws allow the boards not only the power to make rules regarding the common areas, but also to make rules in regards to unit use.
- If the board wants to make rules regarding unit use, notice of the meeting must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting.
- A board cannot make a rule that in effect changes the declaration. For example, if the declaration says dogs are allowed. The board can’t make a rule that says dogs are not allowed. An amendment to the declaration would be required.
Typical rules can be:
Paint colors for the exterior of a home, hours of operation for the pool, the clubhouse, the laundry rooms, when garbage cans should be put by the curb and hauled back in, how often a roof should be pressure cleaned, and who gets to park where in a condo where the common spaces are not limited common elements. There are many more examples.
The Florida Homeowner’s Association Statute now considers the rules to be part of your governing documents. The Act also states that amendments to your “governing documents” do not take effect until recorded in the county where the property is located. So, when amending your rules, make sure you record them.
I’ll keep giving you stuff to keep you busy. In the meantime, wishing you and yours only the best of health.