CCR Change Fl 720

Here is a question where I have received conflicting information.

If the state law makes changes that require a CCR change, does the HOA still need to obtain the 75% owner signatures?

I saw no but others have said yes.

Opinions?

Thanks

State law prevails when CC&Rs contradict it. So regardless of what your CC&Rs say, the board has to make decisions consistent with current law.

It's a good idea to amend your CC&Rs eventually if state law has changed, thought, just because it can cause confusion if the two are different.

In my state, amendments of this type do NOT need to be voted on by the membership - the board can approve them in an open board meeting and document the vote in the minutes *as long as the amendments only bring the CC&Rs into compliance with current state law*. The membership could be unanimously opposed to one or all changes, but they still have to comply with the law. So the membership vote would be pointless.

(However, Florida is a stickler for notice, so it wouldn't surprise me if there were some additional hoops to jump through - even though the vote would be pointless for your membership as well. Also it would cost money and is annoying - why ask for my approval if I don't actually have a choice?)

To change your covenants, you would require a vote as outlined in the document.

If there is a conflict between State statutes and your governing documents, the statute must be complied with, regardless what your governing documents say.

There is no requirement, that I am aware of, to change your documents if a conflict exists. The Association simply needs to be aware of the conflict and act accordingly.

NOTE: In some instances, even if a conflict exists, the statute may defer control (authority) to the governing documents. In those instances, you must comply with what is in the documents.