DO YOU NEED TO RECORD YOUR RULES AND REGULATIONS?

We all know that if you live in a condominium, your declaration of condominium and all amendments need to be recorded in the public records in the county where the condominium is located.  If you live in a homeowner’s association, your declaration of covenants must be recorded.  Your bylaws should also be recorded in either type of association.  But what about the rules and regulations that are promulgated by the Board?  Whereas it’s difficult to change a declaration or bylaws, each typically requiring a super majority vote of the owners, boards of directors have wide latitude to make reasonable rules and regulations governing the common areas, and sometimes, even unit use.  These rules can be changed at the board’s whim.  Is there a requirement that these rules get recorded in the public records as well.

If you live in a Florida homeowner’s association a recent change to the statute answers this question.  Florida Statute 720.301 states:

8) ”Governing documents” means:

(a) The recorded declaration of covenants for a community and all duly adopted and recorded amendments, supplements, and recorded exhibits thereto;

(b) The articles of incorporation and bylaws of the homeowner’s association and any duly adopted amendments thereto; and

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

 

Florida Statute 720.306(1)(e) states:

An amendment to a governing document is effective when recorded in the public records of the county in which the community is located.

 

            So, at least or a homeowner’s association, it is clear that your rules are part of your governing documents and that an amendment to these governing documents is effective when recorded.

In terms of a condominium association, there is no definition of “governing documents” in the 718 statute. The only similar reference is found in 718.110(3) which states:

An amendment of a declaration is effective when properly recorded in the public records of the county where the declaration is recorded.

So, unlike a homeowner’s association, in a condominium, there is no requirement to record amendments to the rules in order for them to become effective.  Yet another example of differences between the two statutes that simply makes no sense.

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