Law of Florida Homeowners Associations

Overview

The only complete guide for the operation of Florida homeowners associations, including single-family subdivisions, townhouse and cluster developments, and master community associations.

This guide will help the association carry out its responsibilities fairly and effectively under current Florida laws. Includes dealing with: meetings, the board of directors, budget and finances, covenants and use of property, rights and responsibilities of the parcel owner. Complete footnoted ...

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Overview

The only complete guide for the operation of Florida homeowners associations, including single-family subdivisions, townhouse and cluster developments, and master community associations.

This guide will help the association carry out its responsibilities fairly and effectively under current Florida laws. Includes dealing with: meetings, the board of directors, budget and finances, covenants and use of property, rights and responsibilities of the parcel owner. Complete footnoted references to the Florida Statutes and appellate court decisions. 

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Product Details

  • ISBN-13: 9781561647224
  • Publisher: Pineapple Press, Inc.
  • Publication date: 11/1/2014
  • Edition number: 10
  • Pages: 184
  • Sales rank: 606,291

Meet the Author

Peter Dunbar is one of the most respected and frequently quoted authorities on matters relating to the laws governing condominiums and community associations. He has drawn on his more than 34 years of experience to write The Condominium Concept, The Law of Florida Homeowners Associations (with Charles Dudley), and The Homeowners Association Manual (with son Marc Dunbar). Dunbar served two terms as a member of Florida's Condominium Advisory Council and has been both its chair and vice chair. He 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 serves as the legislative counsel to the Real Property, Probate, and Trust Law Section of the Florida Bar.
Charles F. Dudley is an attorney in private practice in Tallahassee, Florida. He is involved on a daily basis with policy makers and administrators in both the legislative and executive branches of Florida's state government. He's contributed to the development of the changes in Florida's housing laws for condominiums, cooperatives, mobile homes and homeowners associations.

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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 7

1.8 Bylaws 8

1.9 Rules and Regulations 9

1.10 Priority and Consistency of the Documents 9

1.11 Minutes and Records 10

1.12 Directory of Homeowners 11

1.13 Community Association Management 11

1.14 Automated Electronic Defibrillator 12

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 19

2.9 Voting and Vote Tabulations 20

2.10 Election of the Board of Directors 22

2.11 Board Elections by Ballot 23

2.12 Decorum 24

2.13 Speaking at Membership Meetings 24

2.14 Recording and Taping Membership Meetings 25

2.15 Adjournment to a Different Time 25

2.16 Smoking and the "Clean Indoor Air Act" 26

3 Board of Directors and Meetings of the Board 27

3.1 General 28

3.2 Election and Selection 28

3.3 Failure to Fill Board Vacancies 29

3.4 Eligibility 30

3.5 Resignation, Recall and Removal 31

3.6 Fiduciary Relationship 32

3.7 Indemnification 32

3.8 Meetings of the Board 33

3.9 Notice to Board Members 34

3.10 Notice to Association Members 35

3.11 Membership Participation 36

3.12 Committees 37

4 Officers 38

4.1 General 39

4.2 Election of Officers 39

4.3 President 39

4.4 Secretary 41

4.5 Treasurer 41

4.6 Vice President 42

4.7 Registered Agent and Office 42

4.8 Other Officers 43

4.9 Scope of Authority 43

4.10 Resignation and Removal 44

4.11 Compensation 45

5 Budget and Finances 46

5.1 General 47

5.2 Recurring Operations 47

5.3 Reserves for Deferred Maintenance 48

5.4 Waiver of Mandatory Reserves 49

5.5 Recreational Amenities 49

5.6 Developing the Proposed Budget 50

5.7 Funding the Budget 51

5.8 Time for Payment and Delinquency 52

5.9 Enforcement and Liens 53

5.10 Suspension of Rights 54

5.11 Collection of Delinquencies from Tenant 55

5.12 Annual Financial Report 56

5.13 Annual Financial Filings 58

5.14 Contracts for Products and Services 58

6 Rights and Responsibilities of the Parcel Owner 60

6.1 General 61

6.2 Use of the Common Area 61

6.3 Guests and Tenants of a Parcel Owner 62

6.4 Membership and Voting Rights in the Association 63

6.5 Participation in Association Affairs 63

6.6 Access to Association Records 64

6.7 Financial Obligations 66

6.8 Sale and Transfer of the Parcel 67

6.9 Recreational and Common Facilities Leases 68

6.10 Display of Flags 69

6.11 Display of Signs 70

6.12 Access Ramp Construction 70

6.13 Service Animals 70

6.14 SLAPP Protection and Public Participation 71

6.15 Electronic Transmission of Notices 71

7 Covenants and Use of Association Property 73

7.1 Covenants 74

7.2 Covenants for Operation and Maintenance 74

7.3 Compliance with the Covenants and Restrictions 75

7.4 Mediation and Enforcement of the Documents 77

7.5 Enforcement Sanctions and Penalties 79

7.6 Notice of Violation and Uniform, Timely Enforcement 79

7.7 Age and Occupancy Limitations 80

7.8 Lease and Rental Restrictions 82

7.9 Sale and Transfer Restrictions 82

7.10 Amendments to the Governing Documents 83

7.11 Revival of the Governing Documents 84

7.12 Towing of Unauthorized Vehicles 85

7.13 Private Roadways 86

7.14 Penny-ante Gambling 87

8 Architectural Control and Standards 88

8.1 Architectural Standards 89

8.2 Unauthorized Structures 89

8.3 Permitted Structures and Improvements 90

8.4 Communication Services 91

8.5 Uniform Community Scheme 92

8.6 Architectural Review Committee 92

8.7 Architectural Standards and Parcel Owner Rights 93

8.8 Architectural Standards and Local Codes 93

9 Rights and Responsibilities of the Developer 95

9.1 General 96

9.2 Rights and Privileges of the Developer 96

9.3 Limitations and Obligations of the Developer 97

9.4 Assessment Responsibilities of the Developer 97

9.5 Recreational Amenities 98

9.6 The Developer and Transition of Control 99

9.7 Organization of Owner-Controlled Board 100

9.8 Common Law Warranties 101

9.9 Construction Defects-Presuit Procedures 101

10 Style and Format for Association Forms and Documents 103

10.1 Membership Meeting Forms and Sample Documents 107

10.2 Board of Directors Meetings and Sample Documents 122

10.3 Officer and Committee Forms and Sample Documents 134

10.4 Budget and Financial Forms and Sample Documents 140

10.5 Disclosure Summary for Prospective Purchasers 147

Table of Cases 149

Subject Index 161

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