The Law of Florida Homeowners Associations

Overview

A homeowners association is designed to preserve the common welfare and the 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.

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Overview

A homeowners association is designed to preserve the common welfare and the 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.

Read More Show Less

Product Details

  • ISBN-13: 9781561644834
  • Publisher: Pineapple Press, Inc.
  • Publication date: 9/15/2010
  • Edition description: Eighth Edition
  • Edition number: 8
  • Pages: 192
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.80 (d)

Meet the Author

Peter Dunbar and Charles Dudley are among the most respected and frequently quoted authorities on matters relating to the laws governing community associations, and they draw on more than 45 years of combined experience in completing this edition of The Law of Florida Homeowners Associations. Dunbar is an Adjunct Professor at the Florida State University College of Law, where he teaches condominium and community housing law. He is a member of the American College of Real Estate Lawyers, and he serves as the Legislative Counsel to the Real Property, Probate and Trust Law Section of the Florida Bar. Dudley is in private practice in Tallahassee, where he is regularly involved with state lawmakers and policy administrators, and he has consistently contributed to the development of laws affecting Florida residential communities.

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Table of Contents

Introduction ix

1 The Homeowners Association and the Community Concept 1

1.1 Homeowners Association Concept 2

1.2 Applicable Law and Legislative Intent 3

1.3 The Community 3

1.4 The Homeowners Association 4

1.5 Assessments 5

1.6 Declaration of Covenants 6

1.7 Articles of Incorporation 8

1.8 Bylaws 9

1.9 Rules and Regulations 9

1.10 Priority and Consistency of the Documents 10

1.11 Minutes and Records 11

1.12 Community Association Management 12

1.13 Automated Electronic Defibrillator 13

2 Meetings of the Membership 14

2.1 General 15

2.2 Annual and Regular Meetings 15

2.3 Special Meetings 16

2.4 Content of Meeting Notice 16

2.5 Proxies 17

2.6 Conducting the Meeting 18

2.7 Debate 19

2.8 Matters Out of Order 20

2.9 Voting and Vote Tabulations 21

2.10 Election of the Board of Directors 23

2.11 Board Elections Ballot 24

2.12 Decorum 25

2.13 Speaking at Membership Meetings 25

2.14 Recording and Taping Membership Meetings 26

2.15 Adjournment to a Different Time 26

2.16 Smoking and the "Clean Indoor Air Act" 27

3 Board of Directors and Meetings of the Board 28

3.1 General 29

3.2 Election and Selection 29

3.3 Failure to Fill Board Vacancies 30

3.4 Eligibility 31

3.5 Resignation, Recall and Removal 32

3.6 Fiduciary Relationship 33

3.7 Indemnification 34

3.8 Meetings of the Board 34

3.9 Notice to Board Members 35

3.10 Notice to Association Members 36

3.11 Membership Participation 37

3.12 Committees 38

4 Officers 40

4.1 General 41

4.2 Election of Officers 41

4.3 President 42

4.4 Secretary 43

4.5 Treasurer 43

4.6 Vice President 44

4.7 Registered Agent and Office 45

4.8 Other Officers 45

4.9 Scope of Authority 46

4.10 Resignation and Removal 47

4.11 Compensation 47

5 Budget and Finances 49

5.1 General 50

5.2 Recurring Operations 50

5.3 Reserves for Deferred Maintenance 51

5.4 Waiver of Mandatory Reserves 52

5.5 Recreational Amenities 53

5.6 Developing the Proposed Budget 53

5.7 Funding the Budget 54

5.8 Time for Payment and Delinquency 55

5.9 Enforcement and Liens 56

5.10 Suspension of Rights 58

5.11 Collection of Delinquencies from Tenant 58

5.12 Annual Financial Report 59

5.13 Annual Financial Filings 61

5.14 Contracts for Products and Services 62

6 Rights and Responsibilities of the Parcel Owner 63

6.1 General 64

6.2 Use of the Common Area 64

6.3 Guests and Tenants of a Parcel Owner 65

6.4 Membership and Voting Rights in the Association 66

6.5 Participation in Association Affairs 67

6.6 Access to Association Records 68

6.7 Financial Obligations 69

6.8 Sale and Transfer of the Parcel 70

6.9 Recreational and Common Facilities Leases 71

6.10 Display of Flags 73

6.11 Display of Signs 73

6.12 Access Ramp Construction 74

6.13 SLAPP Protection and Public Participation 74

6.14 Electronic Transmission of Notices 75

7 Covenants and use of Association Property 76

7.1 Covenants 77

7.2 Covenants for Operation and Maintenance 78

7.3 Compliance with the Covenants and Restrictions 79

7.4 Mediation and Enforcement of the Documents 80

7.5 Enforcement Sanctions and Penalties 82

7.6 Notice of Violation and Uniform, Timely Enforcement 83

7.7 Age and Occupancy Limitations 84

7.8 Lease and Rental Restrictions 86

7.9 Sale and Transfer Restrictions 86

7.10 Amendments to the Governing Documents 87

7.11 Revival of the Governing Documents 88

7.12 Towing of Unauthorized Vehicles 89

7.13 Private Roadways 90

7.14 Penny-ante Gambling 91

8 Architectural Control and Standards 92

8.1 Architectural Standards 93

8.2 Unauthorized Structures 93

8.3 Permitted Structures and Improvements 94

8.4 Uniform Community Scheme 95

8.5 Architectural Review Committee 96

8.6 Architectural Standards and Parcel Owner Rights 96

8.7 Architectural Standards and Local Codes 97

9 Rights and Responsibilities of the Developer 98

9.1 General 99

9.2 Rights and Privileges of the Developer 99

9.3 Limitations and Obligations of the Developer 100

9.4 Assessment Responsibilities of the Developer 101

9.5 Recreational Amenities 102

9.6 The Developer and Transition of Control 102

9.7 Organization of Owner-Controlled Board 104

9.8 Common Law Warranties 105

9.9 Construction Defects-Presuit Procedures 105

10 Style and Format for Association Forms and Documents 107

10.1 Membership Meeting Forms and Sample Documents 111

10.2 Board of Directors Meetings and Sample Documents 126

10.3 Officer and Committee Forms and Sample Documents 138

10.4 Budget and Financial Forms and Sample Documents 144

10.5 Disclosure Summary for Prospective Purchasers 151

Table of Cases 153

Subject Index 162

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