By Eric Glazer, Esq.

Published July 16, 2018


            We all know that if you live in a condominium, your declaration of condominium and all amendments need to be recorded in the public records in the county where the condominium is located.  If you live in a homeowner’s association, your declaration of covenants must be recorded.  Your bylaws should also be recorded in either type of association.  But what about the rules and regulations that are promulgated by the Board?  Whereas it’s difficult to change a declaration or bylaws, each typically requiring a super majority vote of the owners, boards of directors have wide latitude to make reasonable rules and regulations governing the common areas, and sometimes, even unit use.  These rules can be changed at the board’s whim.  Is there a requirement that these rules get recorded in the public records as well.


            If you live in a Florida homeowner’s association a recent change to the statute answers this question.  Florida Statute 720.301 states:

8) “Governing documents” means:

(a) The recorded declaration of covenants for a community and all duly adopted and recorded amendments, supplements, and recorded exhibits thereto;

(b) The articles of incorporation and bylaws of the homeowners’ association and any duly adopted amendments thereto; and

(c) Rules and regulations adopted under the authority of the recorded declaration, articles of incorporation, or bylaws and duly adopted amendments thereto.


Florida Statute 720.306(1)(e) states:

An amendment to a governing document is effective when recorded in the public records of the county in which the community is located.


            So, at least or a homeowner’s association, it is clear that your rules are part of your governing documents and that an amendment to these governing documents is effective when recorded. 


            In terms of a condominium association, there is no definition of “governing documents” in the 718 statute. The only similar reference is found in 718.110(3) which states:

An amendment of a declaration is effective when properly recorded in the public records of the county where the declaration is recorded.


So, unlike a homeowner’s association, in a condominium, there is no requirement to record amendments to the rules in order for them to become effective.  Yet another example of differences between the two statutes that simply makes no sense. 

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About HOA & Condo Blog

Eric Glazer 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

decades and is the owner of Glazer and Associates, 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.




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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