Declaration provision not legal

Dan

Typically when your docs are in conflict with laws, the law overrides. It might be easier to note such in some way rather than take the time and effort to change the docs.

Your declaration itself should spell this out. I was just looking at mine and there is one exception to the normal requirement that homeowners must vote to approve proposed amendments: Certain provisions of the declaration may be amended with only a majority vote of the board. These "certain provisions" are those regarding insurance and its availability.

Your declaration should have a section that lays out the requirements for amendments.

Not that I'm aware of. We have a list of 10 concerns and issues our attorneys drew up for us in 2010 after the HOA availed itself of their "Document Review" product. Most of the issues revolve around inconsistencies between our 28-year old docs and laws and regulations that have changed since then. Technically we don't have to amend our docs because the law prevails regardless. But we're doing it anyway because (a) we haven't done any substantial revisions for 25 years, (b) there are a lot of new owners in the last 5 years and they tend to be confused enough without our documents adding to the confusion, and (c) there are an additional 4 large-ish amendments we'd like to get done. Might as well get it all done in one fell swoop. I'm on the "document revision" committee and it has been a lot of work.

Although I agree that in many cases state, County and Federal law trumps the governing documents. when it is discovered that a trumping law nullifies or eliminates a provision of the governing documents, that provision should be made in compliance or eliminated. In our case, being a resort, 80% of the units are not owner occupied. There is a high threshold that has to be met to change the governing docs. In our case there is an added feature. Although the Association has been turned over to the owners in 2004 the docs say that no Doc change can be made without the expressed written consent of the developer. Also the developer has title to more than 20% of the units. The developer's absence makes it thus impossible for the docs to ever change. So the hope is that the Board alone could change the docs.

If there is no other avenue by which we can change our docs then we must change from saying to owners, prospective buyers and renters that the governing documents, Rules & Regulations, Community Standards are to be followed by adding, as the last word,............. 'maybe'.

Thanks for you input.

Good ideas. Thanks for your input.

We, too, have proceeded along the lines that Jeff suggests.

I contend above bold statement is incorrect:

720.3075 Prohibited clauses in association documents.—
(1) It is declared that the public policy of this state prohibits the inclusion or enforcement of certain types of clauses in homeowners’ association documents, including declaration of covenants, articles of incorporation, bylaws, or any other document of the association which binds members of the association, which either have the effect of or provide that:
(a) A developer has the unilateral ability and right to make changes to the homeowners’ association documents after the transition of homeowners’ association control in a community from the developer to the nondeveloper members, as set forth in s. 720.307, has occurred.
(b) A homeowners’ association is prohibited or restricted from filing a lawsuit against the developer, or the homeowners’ association is otherwise effectively prohibited or restricted from bringing a lawsuit against the developer.
(c) After the transition of homeowners’ association control in a community from the developer to the nondeveloper members, as set forth in s. 720.307, has occurred, a developer is entitled to cast votes in an amount that exceeds one vote per residential lot.
Such clauses are declared null and void as against the public policy of this state.

Also, according to Section (c) above after turnover the Developer would have only One (1) vote per residential lot or in essence only 20% of the votes. If the other owners carry a larger percentage then they win .

The BOD alone cannot change the CCR's. Those are documents attached to everyone's Property Titles and therefore requires majority as stated in your CCR's or State Law to change.