The Law of Florida Homeowners' Associations

by Dunbar, Peter M.; Dudley, Charles F.

• ISBN13: 9780966749649
• ISBN10: 0966749642
• Format: Paperback
• Copyright: 2000-10-01
• Publisher: Aras Pub

Table of Contents

Community Concept
Homeowners' Association Concept	3	(1)
Applicable Law and Legislative Intent	4	(1)
The Community	5	(1)
The Homeowners' Association	6	(1)
Assessments	7	(1)
Declaration of Covenants	8	(2)
Articles of Incorporation	10	(1)
Bylaws	11	(1)
Rules and Regulations	12	(1)
Priority and Consistency of the Documents	13	(1)
Minutes and Records	14	(1)
Community Association Management	15	(4)
Meetings of the Membership
General	19	(1)
Annual and Regular Meetings	19	(1)
Special Meetings	20	(1)
Content of Meeting Notice	21	(1)
Proxies	22	(1)
Conducting the Meeting	23	(1)
Debate	24	(1)
Matters Out of Order	25	(2)
Voting and Vote Tabulations	27	(2)
Election of the Board of Directors	29	(1)
Decorum	30	(1)
Recording and Taping Membership Meetings	31	(1)
Adjournment to a Different Time	31	(1)
Smoking and the ``Clean Indoor Air Act''	32	(5)
Board of Directors
General	37	(1)
Election and Selection	38	(1)
Failure to Fill Board Vacancies	38	(1)
The Developer and Transition of Control	39	(2)
Eligibility	41	(1)
Resignation and Removal	42	(1)
Fiduciary Relationship	42	(1)
Indemnification	43	(1)
Meetings of the Board	44	(1)
Notice to Board Members	45	(1)
Notice to Association Members	46	(1)
Membership Participation	47	(1)
Committees	47	(4)
Officers
General	51	(1)
Election of Officers	51	(1)
President	52	(1)
Secretary	53	(1)
Treasurer	54	(1)
Vice President	55	(1)
Registered Agent and Office	56	(1)
Other Officers	56	(1)
Scope of Authority	57	(1)
Resignation and Removal	58	(5)
Budget and Finances
General	63	(1)
Recurring Operations	64	(1)
Capital Expenses and Deferred Maintenance	64	(1)
Recreational Amenities	65	(1)
Developing the Proposed Budget	66	(1)
Funding the Budget	66	(2)
Assessment Responsibilities of the Developer	68	(1)
Commingling of Association Funds	69	(1)
Time for Payment and Delinquency	69	(1)
Enforcement and Liens	70	(1)
Annual Financial Report and Financial Filings	71	(4)
Rights and Responsibilities of the Parcel Owner
General	75	(1)
Use of the Common Area	75	(2)
Guests and Tenants of a Parcel Owner	77	(1)
Membership and Voting Rights in the Association	77	(1)
Participation in Association Affairs	78	(2)
Access to Association Records	80	(1)
Financial Obligations	81	(1)
Sale and Transfer of the Parcel	82	(1)
Recreational and Common Facilities Leases	83	(1)
Display of the Flag	84	(3)
Covenants and Use of Association Property
Covenants	87	(1)
Covenants for Operation and Maintenance	88	(1)
Compliance with the Covenants and Restrictions	89	(2)
Enforcement of the Governing Documents	91	(1)
Notice of Violation and Uniform, Timely Enforcement	92	(2)
Architectural Standards	94	(3)
Age and Occupancy Limitations	97	(2)
Amendments to the Governing Documents	99	(1)
Towing of Unauthorized Vehicles	100	(1)
Penny-ante Gambling	101	(8)
Style and Format for Association Forms and Documents
Membership Meeting Forms and Sample Documents	109	(15)
Board of Directors Meetings and Sample Documents	124	(12)
Officer and Committee Forms and Sample Documents	136	(6)
Budget and Financial Forms and Sample Documents	142	(7)
Disclosure Summary for Prospective Purchasers	149	(2)
Table of Cases	151	(8)
Subject Index	159