The Law of Florida Homeowners Association

by Charles F. Dudley, Peter M. Dunbar

Overview

Completely updated guide to the laws governing homeowners associations in Florida. Cross-referenced to the latest Florida statutes, this book covers everything from creating and maintaining a budget to conducting productive meetings. Includes 27 forms that can be adapted to any association.

Product Details

ISBN-13:	9781683340119
Publisher:	Rowman & Littlefield Publishers, Inc.
Publication date:	11/01/2017
Edition description:	Eleventh Edition
Pages:	188
Product dimensions:	6.00(w) x 9.00(h) x 0.50(d)

About the Author

Attorney 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. Attorney Charles Dudley is in private practice in Tallahassee, where he is regularly involved with state lawmakers and policy administrators. He has consistently contributed to the development of laws affecting Florida residential communities. He is coauthor with Peter Dunbar of The Law of Florida Homeowners Associations.

Table of Contents

Introduction ix

1 The Homeowners Association and the Community Concept

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 13

1.15 The Legal Advisor 13

2 Meeting of the Membership

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 Online Voting 26

2.17 Smoking and the Clean Indoor Air Act 26

3 Board Of Directors and Meetings of the Board

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 33

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

4.1 General 40

4.2 Election of Officers 40

4.3 President 40

4.4 Secretary 41

4.5 Treasurer 42

4.6 Vice President 43

4.7 Registered Agent and Office 43

4.8 Other Officers 44

4.9 Scope of Authority 44

4.10 Resignation and Removal 45

4.11 Compensation 46

5 Budget and Finances

5.1 General 48

5.2 Recurring Operations 48

5.3 Reserves for Deferred Maintenance 49

5.4 Waiver of Mandatory Reserves 50

5.5 Recreational Amenities 50

5.6 Developing the Proposed Budget 51

5.7 Funding the Budget 51

5.8 Time for Payment and Delinquency 53

5.9 Enforcement and Liens 54

5.10 Suspension of Rights 55

5.11 Collection of Delinquencies from Tenant 56

5.12 Annual Financial Report 57

5.13 Annual Financial Filings 58

5.14 Contracts for Products and Services 59

6 Rights and Responsibilities

6.1 General 62

6.2 Use of the Common Area 62

6.3 Guests and Tenants of a Parcel Owner 63

6.4 Membership and Voting Rights in the Association 64

6.5 Participation in Association Affairs 64

6.6 Access to Association Records 65

6.7 Financial Obligations 67

6.8 Sale and Transfer of the Parcel 68

6.9 Recreational and Common Facilities Leases 69

6.10 Display of Flags 70

6.11 Display of Signs 71

6.12 Access Ramp Construction 71

6.13 Service Animals 71

6.14 SLAPP Protection and Public Participation 72

6.15 Electronic Transmission of Notices 72

7 Covenants and Use of Association Property

7.1 Covenants 75

7.2 Covenants for Operation and Maintenance 75

7.3 Compliance with the Covenants and Restrictions 76

7.4 Mediation and Enforcement of the Documents 78

7.5 Enforcement Sanctions and Penalties 79

7.6 Notice of Violation and Uniform, Timely Enforcement 80

7.7 Age and Occupancy Limitations 81

7.8 Lease and Rental Restrictions 83

7.9 Sale and Transfer Restrictions 83

7.10 Amendments to the Governing Documents 83

7.11 Revival of the Governing Documents 85

7.12 Towing of Unauthorized Vehicles 86

7.13 Private Roadways 86

7.14 Penny-ante Gambling 88

7.15 Association Emergency Powers 88

8 Architectural Control and Standards

8.1 Architectural Standards 91

8.2 Unauthorized Structures 91

8.3 Permitted Structures and Improvements 92

8.4 Communication Services 93

8.5 Uniform Community Scheme 93

8.6 Architectural Review Committee 94

8.7 Architectural Standards and Parcel Owner Rights 94

8.8 Architectural Standards and Local Codes 95

9 Rights and Responsibilities

9.1 General 97

9.2 Rights and Privileges of the Developer 97

9.3 Limitations and Obligations of the Developer 98

9.4 Assessment Responsibilities of the Developer 98

9.5 Recreational Amenities 99

9.6 The Developer and Transition of Control 100

9.7 Organization of Owner-Controlled Board 101

9.8 Common Law Warranties 102

9.9 Construction Defects-Presuit Procedures 102

10 Style and Format for Association Forms and Documents

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 133

10.4 Budget and Financial Forms and Sample Documents 139

10.5 Disclosure Summary for Prospective Purchasers 148

Table of Cases 150

Index 163