Do FL State docs always trump our HOA docs?

Started by DanaA • 6 replies • 1583 views

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DanaA (Florida)
Posts: 117

Posted:

"Always" being key question! Fl 720 for HOAs, according to the book I am reading ("The Law of Florida Homeowner Associations") states " Bylaw provisions (in HOA Bylaws) that conflict with provisions of Florida law are invalid" (page 28). Sometimes I also see stated in various posts, etc., the phrase "unless your docs state otherwise". I don't know when, if ever, any HOA docs can trump 720, or do they? If our Bylaws are more strict that 720, are they invalid? One example: our Bylaws were amended in 1994 to restrict BOD members to: "Only one member of a household may serve on the BOD at one time". Looks like 720 says joint members of a household can each serve, so does that mean this Bylaw in our docs, because it is more restrictive than 720, is not enforceable?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

DanaA,
I am sure Nancy or Donna or others as well can give specifics to this one.

In the meantime, you might want to search this site using the little search box upper right, Discussion topic page. I imagine you will find lots of info. Once you identify the Heirarchy of the Documents it makes all this a little easier. Having said that I would not be surprised to find something that casts doubt on my statement. But all and all, the Heirarchy sequence rules.

LindaC3 (Florida)
Posts: 526

Posted:

DanaA.....while attending our by laws meeting on Saturday it was explained to me that IF the FSS 720 addresses a certain topic then that is the gospel....We would have to amend our by laws to reflect current 720......Remember that in 1994 FSS 720 did not exist....They did not come into play till 2004..... Based on a few incidences at our meeting a member of the commitee has now formally requested as of yesterday for our HOA Attorney to review our amended by laws before being placed to the membership for vote......GREAT IDEA....We on the commitee are LAY PEOPLE , not legal eagles and I feel that some of our wording in the amendments will open us to legal challenges...So when it doubt, ask your association attorney for guidance....LindaC

KevinK1 (< Not Specified >)
Posts: 34

Posted:

Quote:

Posted By DanaA on 10/16/2007 5:46 AM
"Always" being key question! Fl 720 for HOAs, according to the book I am reading ("The Law of Florida Homeowner Associations") states " Bylaw provisions (in HOA Bylaws) that conflict with provisions of Florida law are invalid" (page 28). Sometimes I also see stated in various posts, etc., the phrase "unless your docs state otherwise". I don't know when, if ever, any HOA docs can trump 720, or do they? If our Bylaws are more strict that 720, are they invalid? One example: our Bylaws were amended in 1994 to restrict BOD members to: "Only one member of a household may serve on the BOD at one time". Looks like 720 says joint members of a household can each serve, so does that mean this Bylaw in our docs, because it is more restrictive than 720, is not enforceable?

Hi Dana, where is that in 720? I can't find that reference and I don't remember reading it. There was a discussion here a while back about two family members being on the board together. For our bylaws that would be in conflict with the "one lot = one vote" rule.
Thanks,
Kevin

DanaA (Florida)
Posts: 117

Posted:

Hi Kevin, trust me I am no expert, thus a lot of reading.... This book,(bought at Barnes and Noble) which has been called the "Bible" of Florida HOAs and defines 720 Statutes in detail - states: " When eligibility is limited to ownership and a parcel is owned jointly, each of the owners is qualified to serve on the board even though only one of the owners may be designated to exercise the parcels voting rights". Page 38. I read another post this morning, and they stated that at a bylaws committee meeeting this weekend they were told that if 720 addresses an issue, no matter what your HOA bylaws say, the 720 Statutes prevail.

NancyD1 (Florida)
Posts: 447

Posted:

Dana,

What the book is saying with the conflict provision; is that your By-Laws should parallel 720 and that your By-Laws should not conflict with state laws. State laws being examples "Homestead, Civil Practice" and any law Fl may have.

FL 720 does trump your doc's. If 720 says "unless your docs state otherwise" the state is giving you the option, to abide with what 720 says, or if you do have a similar provision written in your docs you would go with them.

Our doc's sommetimes trump 720 because if there is a chapter in 720 that says to refer to our docs, our docs win out, but only if it is different than what 720 stated.

Like Kevin, Where in 720 does it say that joint members of a household can each serve?

KevinK1 (< Not Specified >)
Posts: 34

Posted:

I am guessing that is an interpretation of 720.306(9)"All members of the association shall be eligible to serve on the board of directors...". Since this does not say "simultaneously" the book is probably clarifying it. It seems plausible that joint owners could be on the board together but I don't agree with the interpretation because I see a conflict. What if 4 people own a property jointly? Then they could all be on the board and control an entire 7 member board.
I would think your documents would not be in conflict if they allow every owner to be on the board even if they didn't allow multiple owners to serve at the same time.
You have tweaked my interest. I'll have to do some research.

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