Steps to take when Amending the by-laws in Florida

Started by AlexaH • 3 replies • 1752 views

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AlexaH (Florida)
Posts: 3

Posted:

My boyfriend has been the President of the HOA for just about a year. He really doesn't have the experience as a President of a HOA, but he want to make a difference and everyone love the little bit that he has done. The HOA only has 4 years since it started and the by-laws are just basic rule that really don't have any penalty or violation to any home owner if they don't comply with the rules. Can some one please help me regarding what are the steps we need to take to amend this by-laws. We live in the city of Tampa, Florida. Any help would be appreciated.
Thank you

KevinK5 (California)
Posts: 64

Posted:

Your bylaws should spell out the steps required to ammend them. Usually requires a 2/3 or more approval by all the owners. After approval of the changes the ammended documents must be filed with the county records department. This is just a general overview. You should get some help on how to word the changes, how to prepare the ballot, etc.
Here are a couple links that may get you in touch with local help.
http://www.hillsboroughcounty.org/onr/
http://www.hillsborough.communityatlas.usf.edu/
In Orlando, Orange county is a great resource for helping HOAs. It looks like Hillsborough County has a pretty good Neighborhood Relations Program too.
Kevin

RogerB (Colorado)
Posts: 5,067

Posted:

Alexa, penalties are most easily accomplished by setting up Rules and Regulations with consequences for violations. Such Rules must be reasonable. Restrictions usually specified in the Declaration or CC&Rs or Rules and Regulations. The By-laws can be used for limited penalties, an example may be - members in arrears may not vote nor be on the Board.

Kevin, are you sure your association requires 2/3 or more to amend the By-laws? Or are your confusing this with the Declaration of CC&Rs? Usually it only takes a percentage of the members voting at a duly called meeting of the members at which there is a quorum.

KevinK5 (California)
Posts: 64

Posted:

Roger, you are right about our bylaws. It is 2/3 of members present at the meeting (duly called with a quorum present).
Our C&R's say 2/3 of the owners for amendments or changes. We have done all our Bylaw and C&R amendment votes by mail, so we used the "2/3 of owners" rule for everything.
Kevin

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