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AND DON’T FORGET YOUR RULES
By
Eric Glazer, Esq.
Published April 13, 2020
Last week we suggested that now was a good
time to consider spending some time reviewing your declaration
and finally trying to amend those provisions that need amending.
I hope you listened.
Since we’re not quite back to life being normal, keep busy and
now think about amending your rules. Some general guidelines
first:
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Rules have to have a legitimate purpose.
They cannot be arbitrary and capricious.
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The Rules should be related to the
health, welfare and safety of the community;
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Rules can generally be made by the board
and do no not require a vote of the owners.
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Some bylaws allow the boards not only the
power to make rules regarding the common areas, but also to
make rules in regards to unit use.
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If the board wants to make rules
regarding unit use, notice of the meeting must be mailed,
delivered, or electronically transmitted to the unit owners
and posted conspicuously on the condominium property at
least 14 days before the meeting.
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A board cannot make a rule that in effect
changes the declaration. For example, if the declaration
says dogs are allowed. The board can’t make a rule that says
dogs are not allowed. An amendment to the declaration would
be required.
Typical rules can be:
Paint colors for the exterior of a home, hours of operation for
the pool, the clubhouse, the laundry rooms, when garbage cans
should be put by the curb and hauled back in, how often a roof
should be pressure cleaned, and who gets to park where in a
condo where the common spaces are not limited common elements.
There are many more examples.
The Florida Homeowner’s Association Statute now considers the
rules to be part of your governing documents. The Act also
states that amendments to your “governing documents” do not take
effect until recorded in the county where the property is
located. So, when amending your rules, make sure you record
them.
I’ll keep giving you stuff to keep you busy. In the meantime,
wishing you and yours only the best of health.
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About
HOA & Condo Blog
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Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
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decades and is the owner of Glazer
and Sachs, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.
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