BIG CHANGES TO THE WAY HOAs AMEND THEIR GOVERNING DOCS
INCLUDING THEIR RULES
Eric Glazer, Esq.
Published November 5, 2018
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
(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
HOA & Condo Blog
Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
decades and is the owner of Glazer
and Associates, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.