FL statutes for HOA ARC's now "in the sunshine" laws

Started by RussS • 2 replies • 1711 views

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RussS (Florida)
Posts: 16

Posted:

We are a small HOA with 43 homes. The "in the sunshine" laws seem to be restrictive in dealing with applications for the ARC to review...what with formal pre determined meetings, and restrictions regarding approval or disapproval. Any input would be appreciated.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Russ,

The Sunshine Laws pertain to all public entities and there are 2 paragraphs in them removing HOAs from those laws. It states that HOAs must follow the Statutes for HOAs which are 720 and 718 for condos.

720 has an entire section regarding ARC and how to use them. It is--

"720.3035 Architectural control covenants; parcel owner improvements; rights and privileges.-" Google in "Fl. Statutes 720- " and that will lead you to the entire section.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Russ,

I found this as a difinitive answer from the Fl. A.G., Robert Butterworth
to Representative Mike Fasano.

"THE SUNSHINE LAW HOWEVER IS NOT GENERALLY APPLICABLE TO A PRIVATE ASSOCIATION UNLESS THE ASSOCIATION HAS BEEN DELEGATED THE AUTHORITY TO PERFORM SOME GOVERNMENTAL FUNCTION. THUS THE SUNSHINE LAW WOULD NOT GENERALLY APPLY TO MEETINGS OF HOAS."

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