Florida Statutes V Association Documents

Started by WilliamW • 3 replies • 2894 views

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WilliamW (Florida)
Posts: 11

Posted:

Do the Florida Statutes always "trump" the Association Documents or are there exceptions?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

State and even local laws can "Trump" HOA rules. The HOA rules can "Coincide" with Federal, State, and local laws but they can't supercede them. However, the HOA may NOT mention or reflect the vast changing laws of the land. So the documents should have a "blanket" statment refering to the fact that other laws like Federal, State, and local laws supercede. That way the HOA documents don't need constant changing each time a law changes or is updated.

Former HOA President

NancyD1 (Florida)
Posts: 447

Posted:

Yes. Where the state statues do not define, your doc's should. There will be many references in the state to refer to your own doc's when in doubt.

DonnaS (Tennessee)
Posts: 5,671

Posted:

When I formed a Document committee, each member was given a chart as to Governing Hiarchy of Law and Rules. It simplified says.------

1) Federal Laws
2) State Laws and Statutes
3) County Laws and Ordinances
4) Master Association C.C.& Rs(if applicable)
5) Sub Associations C.C.& Rs)
6) Articles of Incorporation
7) By-Laws
8) Rules and Regulations (adopted by the Board)
No one evr questioned what rules after each member got to know this chart

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