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.
