The Law of Florida Homeowners Associations

by Dunbar, Peter

• ISBN13: 9781561644834
• ISBN10: 1561644838
• Edition: 8th
• Format: Paperback
• Copyright: 2010-09-15
• Publisher: Pineapple Pr Inc

Summary

A homeowners association is designed to preserve the common welfare and property values of the community. In a well-operated community, it does. In a poorly run community, it does not. The proper operating procedures are not difficult, but they are often overlooked or misunderstood. This book is a guide to help ensure that the association carries out its responsibilities fairly and effectively under current Florida laws.

Author Biography

Peter Dunbar and Charles Dudley are among the most respected and frequently quoted authorities on matters relating to the laws governing community associations, and they draw on more than 45 years of combined experience in completing this edition of The Law of Florida Homeowners Associations. Dunbar is an Adjunct Professor at the Florida State University College of Law, where he teaches condominium and community housing law. He is a member of the American College of Real Estate Lawyers, and he serves as the Legislative Counsel to the Real Property, Probate and Trust Law Section of the Florida Bar. Dudley is in private practice in Tallahassee, where he is regularly involved with state lawmakers and policy administrators, and he has consistently contributed to the development of laws affecting Florida residential communities.

Table of Contents

Introduction	p. ix
The Homeowners Association and the Community Concept	p. 1
Homeowners Association Concept	p. 2
Applicable Law and Legislative Intent	p. 3
The Community	p. 3
The Homeowners Association	p. 4
Assessments	p. 5
Declaration of Covenants	p. 6
Articles of Incorporation	p. 8
Bylaws	p. 9
Rules and Regulations	p. 9
Priority and Consistency of the Documents	p. 10
Minutes and Records	p. 11
Community Association Management	p. 12
Automated Electronic Defibrillator	p. 13
Meetings of the Membership	p. 14
General	p. 15
Annual and Regular Meetings	p. 15
Special Meetings	p. 16
Content of Meeting Notice	p. 16
Proxies	p. 17
Conducting the Meeting	p. 18
Debate	p. 19
Matters Out of Order	p. 20
Voting and Vote Tabulations	p. 21
Election of the Board of Directors	p. 23
Board Elections	p. 24
Decorum	p. 25
Speaking at Membership Meetings	p. 25
Recording and Taping Membership Meetings	p. 26
Adjournment to a Different Time	p. 26
Smoking and the "Clean Indoor Air Act"	p. 27
Board of Directors and Meetings of the Board	p. 28
General	p. 29
Election and Selection	p. 29
Failure to Fill Board Vacancies	p. 30
Eligibility	p. 31
Resignation, Recall and Removal	p. 32
Fiduciary Relationship	p. 33
Indemnification	p. 34
Meetings of the Board	p. 34
Notice to Board Members	p. 35
Notice to Association Members	p. 36
Membership Participation	p. 37
Committees	p. 38
Officers	p. 40
General	p. 41
Election of Officers	p. 41
President	p. 42
Secretary	p. 43
Treasurer	p. 43
Vice President	p. 44
Registered Agent and Office	p. 45
Other Officers	p. 45
Scope of Authority	p. 46
Resignation and Removal	p. 47
Compensation	p. 47
Budget and Finances	p. 49
General	p. 50
Recurring Operations	p. 50
Reserves for Deferred Maintenance	p. 51
Waiver of Mandatory Reserves	p. 52
Recreational Amenities	p. 53
Developing the Proposed Budget	p. 53
Funding the Budget	p. 54
Time for Payment and Delinquency	p. 55
Enforcement and Liens	p. 56
Suspension of Rights	p. 58
Collection of Delinquencies from Tenant	p. 58
Annual Financial Report	p. 59
Annual Financial Filings	p. 61
Contracts for Products and Services	p. 62
Rights and Responsibilities of the Parcel Owner	p. 63
General	p. 64
Use of the Common Area	p. 64
Guests and Tenants of a Parcel Owner	p. 65
Membership and Voting Rights in the Association	p. 66
Participation in Association Affairs	p. 67
Access to Association Records	p. 68
Financial Obligations	p. 69
Sale and Transfer of the Parcel	p. 70
Recreational and Common Facilities Leases	p. 71
Display of Flags	p. 73
Display of Signs	p. 73
Access Ramp Construction	p. 74
SLAPP Protection and Public Participation	p. 74
Electronic Transmission of Notices	p. 75
Covenants and use of Association Property	p. 76
Covenants	p. 77
Covenants for Operation and Maintenance	p. 78
Compliance with the Covenants and Restrictions	p. 79
Mediation and Enforcement of the Documents	p. 80
Enforcement Sanctions and Penalties	p. 82
Notice of Violation and Uniform, Timely Enforcement	p. 83
Age and Occupancy Limitations	p. 84
Lease and Rental Restrictions	p. 86
Sale and Transfer Restrictions	p. 86
Amendments to the Governing Documents	p. 87
Revival of the Governing Documents	p. 88
Towing of Unauthorized Vehicles	p. 89
Private Roadways	p. 90
Penny-ante Gambling	p. 91
Architectural Control and Standards	p. 92
Architectural Standards	p. 93
Unauthorized Structures	p. 93
Permitted Structures and Improvements	p. 94
Uniform Community Scheme	p. 95
Architectural Review Committee	p. 96
Architectural Standards and Parcel Owner Rights	p. 96
Architectural Standards and Local Codes	p. 97
Rights and Responsibilities of the Developer	p. 98
General	p. 99
Rights and Privileges of the Developer	p. 99
Limitations and Obligations of the Developer	p. 100
Assessment Responsibilities of the Developer	p. 101
Recreational Amenities	p. 102
The Developer and Transition of Control	p. 102
Organization of Owner-Controlled Board	p. 104
Common Law Warranties	p. 105
Construction Defects-Presuit Procedures	p. 105
Style and Format for Association Forms and Documents	p. 107
Membership Meeting Forms and Sample Documents	p. 111
Board of Directors Meetings and Sample Documents	p. 126
Officer and Committee Forms and Sample Documents	p. 138
Budget and Financial Forms and Sample Documents	p. 144
Disclosure Summary for Prospective Purchasers	p. 151
Table of Cases	p. 153
Subject Index	p. 162
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