By Eric Glazer, Esq.

Published November 5, 2018


As of July 1st, 2018 Florida HOA law was amended to mandate that HOAs amend their “governing documents” in the same manner as condominium associations.  In general, words to be added to the original text must be presented to the owners underlined.  Words to be deleted from the original text are to be presented stricken thru.  The amendment becomes effective when recorded in the public records of the county where the property is located. 

Here is where it gets complicated…….


The statute, 720.301, was also amended to define “governing documents” as:

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


Well, if amendments to the “governing documents” only become effective when recorded in the public records, and the term “governing documents” now include the rules and regulations, it is apparent that amendments to the rules made by the Board do not become effective unless they are recorded in the Official Records in the county where the property is located.


This is certainly something new.  Since when does the law require the rules and regulations to be recorded?  The answer now deems to be, since July 1st, 2018.


Be safe…..record the amendment to the rules before you decide to enforce that rule.  I certainly would not counsel an HOA to sue for a violation of a rule that the Board passed after July 1st, 2018 if that rule has not been recorded.  Better safe than sorry.

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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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