HOA Laws in Florida

By Sarah Estlund
Homeowners' associations, the conformity, developments, neighborhoods

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In Florida, homeowners' association laws are derived from Statutes 720. Commonly referred to as simply HOA laws, these encompass everything from homeowner association dues to board meetings and regulations. Oftentimes homeowners' associations are found in developments. For example, an area of residential homes spanning one to two miles all built by the same developer, may have a homeowners' association.

Registered Corporation

In order to be a recognized homeowners' association, the association must be a Florida corporation; incorporated and official. To be official, the governing documents must be recorded with the Clerk of the County Court.

Members

The members of the homeowners' association must represent the community of residences.

Meetings

All members must be invited to all meetings and have the right to attend all meetings. Members also by HOA laws in Florida must be able to speak at a meeting by an issue introduced on the agenda, for three minutes. The only meeting which by law can be closed is a meeting with the board and the association's attorney.

Meetings must be advertised in an obvious and public place at least 48 hours before the meeting is to commence. If an obvious public place is not available, notice of the meeting must be mailed to all members seven days in advance of the meeting. By Florida HOA laws, if members want to discuss an issue not currently on the agenda, 20 percent of the members who vote must petition the board to address that particular issue. The Board will then have 60 days to address the issue at a meeting.

Voting Laws

By Florida law, HOA members may not vote by proxy or by secret ballot. The only circumstance where voting by proxy is acceptable is when electing officers.

Documentation

At all times the HOA must have copies of the official records, permits, plans, specifications and warranties. Official records which need to be maintained can range from the bylaws of the association, each amendment to the bylaws, a copy of the declaration of covenants and a copy of each amendments, a copy of the articles of incorporation of the association and amendments, a copy of the current rules of the HOA and the minutes of all meetings in the past seven years. The HOA is not required to provide copies of any of this documentation to a prospective purchaser or lien holder.

Flag Display

In Florida according to HOA laws, homeowners have the right to display one official flag of the State of Florida or one removable United States of America flag.

Handicap Accessibility

According to Florida HOA laws, any resident of a homeowners' association has the right to construct a ramp for any medically or physically disabled resident living in their home.

About the Author

Sarah Estlund is a freelance writer based out of Kansas City. Originally from the Hawkeye State, she received her degree in journalism from the University of Iowa. Estlund writes a dating column as well as more than 15 blogs ranging in topic from celebrity, fashion, pets, self-help and alternative medicine. She has a love of animals and shares that passion in her writing.

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