BIG CHANGES TO THE WAY HOAs AMEND THEIR GOVERNING DOCS INCLUDING THEIR RULES

As of July 1st, 2018 Florida HOA law was amended to mandate that HOAs amend their “governing documents” in the same manner as condominium associations.  In general, words to be added to the original text must be presented to the owners underlined.  Words to be deleted from the original text are to be presented stricken thru.  The amendment becomes effective when recorded in the public records of the county where the property is located.

Here is where it gets complicated…….

 

The statute, 720.301, was also amended to define “governing documents” as:

(c) Rules and regulations adopted under the authority of the recorded declaration, articles of incorporation, or bylaws and duly adopted amendments thereto.

Well, if amendments to the “governing documents” only become effective when recorded in the public records, and the term “governing documents” now include the rules and regulations, it is apparent that amendments to the rules made by the Board do not become effective unless they are recorded in the Official Records in the county where the property is located.

This is certainly something new.  Since when does the law require the rules and regulations to be recorded?  The answer now deems to be, since July 1st, 2018.

Be safe…..record the amendment to the rules before you decide to enforce that rule.  I certainly would not counsel an HOA to sue for a violation of a rule that the Board passed after July 1st, 2018 if that rule has not been recorded.  Better safe than sorry.

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