CharlesG5 (Florida)
Posts: 60
Posts: 60
Posted:
There is no mention of this question in our documents. The question is, the board passed a new wording on the R&R. Is there a time table that they must let the homeowners know what the new wording is?
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Fla Statute 720
Started by CharlesG5 • 2 replies • 1055 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
What is R & R? If you're referring to rules and regulations, you may want to start with reviewing your documents (the Bylaws and CCRs) to see what they say regarding the Board's authority to establish rules and regulations. In most HOAs, the Board has the authority to do so, provided they don't contradict the documents.
As a practical matter, the Board should notify homeowners when a rule has been established, amended or dropped, along with the effective date. There may be some instances where this has to happen immediately (although I think that should be rare, unless it's a safety issue), otherwise a 30 day advance notice will probably be enough.
As for Florida Statute 720, I didn't see anything upon doing a search, but you may want to look at the statue yourself to see what it says - here's a link
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html
As a practical matter, the Board should notify homeowners when a rule has been established, amended or dropped, along with the effective date. There may be some instances where this has to happen immediately (although I think that should be rare, unless it's a safety issue), otherwise a 30 day advance notice will probably be enough.
As for Florida Statute 720, I didn't see anything upon doing a search, but you may want to look at the statue yourself to see what it says - here's a link
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GwenG (Florida)
Posts: 669
Posts: 669
Posted:
If your community documents were written prior to 2000, they will refer to FS617, the not-for-profit corporation law. You will usually see the reference in the Articles of Incorporation. FS617 split off the specific homeowner provisions and wrote a new statute in 2000-FS720, now called the Homeowners' Association Act. If there is a conflict between FS617 and FS720, FS720 is superior. (This does not account for the presence of absence of Kaufman language, which is another story.)
Your question about Rules is not addressed specifically in FS720 as these are matters properly described in the HOA bylaws.
Your question is embedded in the FS720 Notice requirements for Board Meetings. If your HOA does not use electronic means of communication, there is no requirement of the board to post an agenda alerting homeowners to an anticipated rule change. If your board is empowered to make or modify rules, you will have 48 hours notice of the meeting and the Minutes will reflect the added/changed rule. Associations can publish Minutes "within minutes or within months" of the actual meeting. There is no provision for that, only that Minutes be made and retained. Theoretically, unless you attended the meeting at which new or revised rules were adopted, you would not have any way to know if a new rule was in place (until the Minutes were published-which could be months).
If I were you, I would examine the Bylaws very carefully and make sure the Board has authority to enact new or amend rules without homeowner consent and what, if anything, they are required to do before taking the action prior to a board meeting and how the new/amended rule is to be communicated.
"New Wording" is an amendment or it can completely change the meaning of the rule. Do not be fooled with a "new wording" declaration! It is still considered an amendment or a new rule and the Bylaws must be followed.
Your question about Rules is not addressed specifically in FS720 as these are matters properly described in the HOA bylaws.
Your question is embedded in the FS720 Notice requirements for Board Meetings. If your HOA does not use electronic means of communication, there is no requirement of the board to post an agenda alerting homeowners to an anticipated rule change. If your board is empowered to make or modify rules, you will have 48 hours notice of the meeting and the Minutes will reflect the added/changed rule. Associations can publish Minutes "within minutes or within months" of the actual meeting. There is no provision for that, only that Minutes be made and retained. Theoretically, unless you attended the meeting at which new or revised rules were adopted, you would not have any way to know if a new rule was in place (until the Minutes were published-which could be months).
If I were you, I would examine the Bylaws very carefully and make sure the Board has authority to enact new or amend rules without homeowner consent and what, if anything, they are required to do before taking the action prior to a board meeting and how the new/amended rule is to be communicated.
"New Wording" is an amendment or it can completely change the meaning of the rule. Do not be fooled with a "new wording" declaration! It is still considered an amendment or a new rule and the Bylaws must be followed.
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