Governing documents set out how an association operates, what owners may and may not do, and how decisions are made. When they fall out of step with the community, enforcement becomes harder and disputes become more common.
This article is general information and is not legal advice. The association's attorney should be consulted.
What the Governing Documents Are
Several separate documents are referred to as the "governing documents." Each one has its own job.
- Articles of incorporation. This document is filed with the Florida Department of State and creates the association as a corporation. Under Florida law, a homeowners association must be a Florida corporation.
- Declaration. In a homeowners association this is usually called the declaration of covenants, conditions, and restrictions. In a condominium it is the declaration of condominium. It is recorded in the county's public records and sets out the rights and obligations of owners and the association, including use restrictions and maintenance duties.
- Bylaws. The bylaws describe how the association is run: board elections, member meetings, officers, committees, and similar procedures.
- Rules and regulations. Rules cover day-to-day matters such as parking, amenity use, and landscaping. They are usually adopted by the board under authority granted in the declaration or bylaws.
Step 1: Decide Whether and How Much to Change
There is no fixed review schedule. A review is usually warranted when the documents have not been looked at since turnover from the developer, when Florida law has changed in a way that conflicts with them, when the community itself has changed, or when the same provisions keep causing disputes.
A board should then decide whether a full restatement or a targeted amendment is needed. If the documents were updated recently, a single provision or a set of rules may be all that needs attention.
Step 2: Confirm the Approval Required
The amendment procedure is normally stated in the documents themselves, and that procedure should be followed. Florida law fills gaps where the documents are silent.
- Homeowners associations. Under section 720.306, unless the governing documents or the law provide otherwise, a governing document may be amended by the affirmative vote of two-thirds of the voting interests.
- Condominium declarations. Under section 718.110, if the declaration does not provide a method of amendment, it may be amended with the approval of the owners of not less than two-thirds of the units.
- Condominium bylaws. Under section 718.112, if the bylaws do not provide a method of amendment, they may be amended with the approval of not less than two-thirds of the voting interests.
Rules and regulations can usually be changed by the board, but the meeting notice rules must be followed. Notice of a board meeting at which rules regarding the use of parcels or units will be considered must be given at least 14 days in advance.
Some subjects carry extra limits. For example, a homeowners association amendment adopted after July 1, 2021 that prohibits or regulates rentals generally applies only to owners who acquire title after the amendment takes effect or who consent to it, with certain exceptions for short-term rentals.
Step 3: Draft the Amendment Correctly
Florida law sets formatting rules for proposed amendments. A provision may not be amended by reference to its title or number alone. The full text of the provision must be shown, with new language underlined and deleted language struck through. When the change is so extensive that this would be confusing, a notation of substantial rewording may be used instead.
Language should be drafted with the help of the community association manager and reviewed by the association's attorney before it is sent to owners.
Step 4: Communicate With Owners
Owners are more likely to support a change when they understand its purpose. Proposed language should be shared early, questions should be answered at an informational meeting, and the reasons for each change should be explained in plain terms. Surprises at the voting stage tend to produce opposition.
Step 5: Vote, Record, and Distribute
After the required vote is obtained, the amendment must be recorded in the public records of the county. An amendment takes effect when it is recorded. In a homeowners association, copies of the amendment, or a notice identifying where it was recorded, must be provided to members within 30 days after recording. Updated documents should also be posted wherever owners normally find association records. More on records access can be found in
who can access HOA documents.
Help With Document Updates
Document reviews, owner communication, and voting logistics are supported for the communities managed by Condominium Associates, working alongside the association's attorney. The board's part in the process is described in
the role of the board of directors. To talk about updating your community's documents,
contact us.
