Florida has many planned communities governed by a homeowners association (HOA). Their powers and responsibilities depend on property type and governing documents, although property owners still retain certain rights by law.
Who Regulates HOAs in Florida?
Florida HOAs are regulated by the Florida Homeowners Association Act, found in Title 40, Chapter 720 of the Florida Statutes. This act applies to all nonprofit corporations responsible for operating residential communities. Membership in an HOA is made up of parcel owners or their agents.
While every HOA is different, they traditionally operate under documents that apply to the entire community in question. These governing documents typically include:
- Articles of Incorporation
- Bylaws
- Declaration of Covenants, Conditions and Restrictions
- Other rules specific to the community
HOAs in Florida are subject to applicable federal laws, such as:
HOAs also are subject to certain state laws, such as:
- Florida Fair Housing Act
- Florida Civil Rights Act
- Florida Corporations Not For Profit Act
- Florida Condominium Act
- Florida Cooperatives Act
How to Find HOA Regulations in Florida
The documents governing an HOA are not available to the public in Florida. HOA governing documents are only available upon request by members and must be recorded in the official records of the county to be enforced.
HOA records filed with the Florida Secretary of State are accessible to anyone online and include the creation of an HOA, annual reports, financial statements, and dissolution of an HOA. Note that HOAs may be legally required to redact certain information before putting it online in a publicly accessible location.
HOA Powers in Florida
In Florida, an HOA has the power to:
- Regulate common areas
- Regulate modifications or improvements to individual properties (mostly when visible from outside the parcel)
- Collect charges to maintain and operate the common areas
- Collect payments for common assessments
- Levy reasonable fines, including reasonable attorney fees and related costs for unpaid fines or other uncorrected issues
- Suspend members who violate the HOA’s covenants, conditions, and restrictions
- Foreclose on a house for unpaid liens
Additionally, HOA governing documents can grant further powers such as restrictions on membership, exterior paint colors, fencing, and similar issues.
Can an HOA Impose Fines on a Homeowner in Florida?
In Florida, HOAs can impose fines on a homeowner for violating its rules. Charges can be added due to late payment of assessments and other late fees.
Before a fine can be imposed, HOAs must give homeowners notice of at least 14 days and an opportunity to be heard. Fines cannot be more than $100 per violation and cannot exceed a total of $1,000 unless otherwise stated in the governing documents. An HOA cannot require payment of a fine fewer than 30 days after a member receives written notice about it.
Restrictions on HOA Rules Enforcement in Florida
Florida HOAs cannot fine a homeowner for (or generally prohibit) any of the following property modifications:
- Displaying the American flag, State of Florida flag, or any military branch flag so long as the flag is displayed in a manner consistent with federal flag display law
- Incorporating water conversion, quality protection, and restoration measures
- Incorporating “Florida-friendly landscaping”
- Installing a flagpole for the display of the American flag, the State of Florida flag, or any military branch flag
- Installing satellite dishes and antennas
- Installing renewable energy devices
- Installing items such as (but not limited to) artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles, if they are not visible from frontage, adjacent parcels, and adjacent common areas or community golf courses
- Installing hurricane protection (such as storm shutters, exterior generators, and impact-resistant doors) that complies with local building codes and the HOA’s hurricane protection specifications
- Changing the interior of a property in a way that isn’t visible from the parcel’s frontage, an adjacent parcel, adjacent common area, or community golf course
- Changing a heating, ventilation, or refrigeration system that complies with the HOA’s approved or recommended systems and isn’t isn’t visible from the parcel’s frontage, an adjacent parcel, adjacent common area, or community golf course
While these items cannot be prohibited, he governing documents of an HOA may include reasonable and relevant rules and regulations about the placement, manner, and display of the items listed above.
Florida HOAs are also forbidden from regulating member behaviors in any of the following ways:
- Requiring members to restrict contractors or workers on their property only to the HOA’s preferred vendors
- Requiring members to allow only contractors who can prove possession of a particular occupational or professional license
- Prohibiting garbage containers at the curb or end of the driveway within 24 hours before or after a designated garbage collection day/time
- Fining members for leaving holiday lights or decorations up for longer than allowed by the governing documents, except when they are left up more than one week after the association delivers the owner a written notice of violation
- Prohibiting parking of any personal vehicle in a place where the member otherwise has a right to park
- This includes work vehicles of gross vehicle weight up to 26,000 pounds and vehicles above this weight which occasionally transport personal property to and from a closed-course motorsport facility, not for profit and with no corporate sponsorship
- This includes work vehicles of gross vehicle weight up to 26,000 pounds and vehicles above this weight which occasionally transport personal property to and from a closed-course motorsport facility, not for profit and with no corporate sponsorship
- Prohibiting the driving any of the vehicle types just described, when lawfully driving on roads or rights-of-way that are public or on the owner’s parcel
Florida HOAs are also forbidden from charging compound interest on assessments or installments on assessments that have not been paid when due.
What Are Member Rights for HOA Rules Enforcement in Florida?
Florida HOAs must follow strict requirements to protect member rights when enforcing HOA rules:
- Enforcement hearings (which may be exclusively by telephone or electronic format) must be held within 90 days after giving notice that there will be one
- Members have the right to participate in a hearing by telephone or other electronic means
- The result of a hearing must be announced within 7 days of the hearing, including information on how a suspended member can fix an outstanding issue, or (if fined) the date by which a fine must be paid
- A committee may not fine or suspend a member who fixes the issue in question before a decision has been issued
- Fines cannot be due fewer than 30 days after a member receives notice that one has been imposed
- The board may only charge attorney fees and similar costs after the due date (including time for appeal) when a fine must be paid or an issue fixed
Can an HOA Take a Homeowner’s House in Florida?
In Florida, an HOA does have the power to foreclose on a home within its community. The process includes an HOA placing a lien on a property when the owner neglects to pay their dues. If a lien goes unresolved, the HOA can foreclose on the house.
Before bringing an action for foreclosure, the HOA must provide a 45 day written notice or demand of the total amount due. If the amount is still not paid after this time, the foreclosure process can begin.
Evicting homeowners is not within the power of the HOA. However, if the homeowner is leasing to a tenant, the HOA can evict the tenant for unpaid HOA fees and place a lien on the property. In addition, the HOA may have other powers regarding rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Florida?
In Florida, there is no law granting an HOA an inherent right to enter a homeowner’s property. However, HOA governing documents almost always contain provisions for HOAs entering a homeowner’s property as reasonably necessary to maintain units, common elements, or shared utilities. These provisions are legally enforceable, in principle.
Units are private spaces only intended for the property owner’s use, but have certain spaces that require maintenance by the HOA, such as balconies. Common elements are the shared spaces around the units owned by the HOA, such as elevators. Shared utilities may include water or trash removal directly provided by the HOA.
Except in the case of an emergency, the HOA generally must give advance notice before entering a property. Usually, an HOA will give 1-2 weeks of notice, but the timeline of notice is ultimately set by the governing documents.
Where Do Homeowners File Complaints Against Their HOA in Florida?
Florida HOA members may file a complaint in different venues, depending on the specifics of the complaint.
For complaints concerning HOA fees, a homeowner can file a complaint with the Florida Office of Financial Regulation, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.
If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the Florida Commission on Human Relations, the U.S. Department of Urban Housing, or file a private lawsuit in Florida state or federal court.
Otherwise, a homeowner with any other complaints can bring a claim in state court in the appropriate county.
Joining and Leaving an HOA in Florida
In Florida, if a person purchases a home in a neighborhood with a preexisting HOA, they are required to join and abide by the HOA rules. A new member must, upon enrollment (typically at the closing of a home purchase), receive a complete copy of the HOA’s rules and governing documents. These may be provided electronically, including by hosting on the HOA’s website.
To leave a mandatory HOA, a homeowner can sell their house or try to petition the HOA to have their home removed. However, there is no guarantee the petition will be granted.
How to Dissolve an HOA in Florida
The dissolution process of an HOA in Florida may be found in the HOA’s governing documents. If not listed, a majority vote by members of the HOA at a meeting is required to move forward with the dissolution.
If enough votes for dissolution are tallied, the HOA must file the Articles of Dissolution with the Florida Secretary of State. The HOA is considered dissolved upon the effective date listed in the Articles of Dissolution. Subsequently, the HOA must dispose of any assets or debts belonging to them.
Sources
- 1 Fla. Stat. § 720.303
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… the association must be incorporated and the initial governing documents must be recorded in the official records of the county in which the community is located… (5) INSPECTION AND COPYING OF RECORDS.–The official records shall be maintained within the state and must be open to inspection and available for photocopying by members or their authorized agents at reasonable times and places within 10 business days after receipt of a written request for access…
Source Link - 2 Fla. Stat. § 720.303
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… After control of the association is obtained by members other than the developer, the association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all members concerning matters of common interest to the members, including, but not limited to, the common areas; roof or structural components of a building, or other improvements for which the association is responsible; mechanical, electrical, or plumbing elements serving an improvement or building for which the association is responsible…
Source Link - 3 Fla. Stat. § 720.304
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(c) This subsection applies to all community development districts and homeowners’ associations, regardless of whether such homeowners’ associations are authorized to impose assessments that may become a lien on the parcel.
Source Link - 4 Fla. Stat. § 720.3085
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(1) When authorized by the governing documents, the association has a lien on each parcel to secure the payment of assessments and other amounts provided for by this section… (c) The association may bring an action in its name to foreclose a lien for assessments in the same manner in which a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. The association is entitled to recover its reasonable attorney’s fees incurred in an action to foreclose a lien or an action to recover a money judgment for unpaid assessments.
Source Link - 5 Fla. Stat. § 720.305
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(2) If the governing documents so provide, an association… may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney’s fees and costs from the nonprevailing party as determined by the court… (a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee…
Source Link - 6 Fla. Stat. § 720.3075
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Such clauses are declared null and void as against the public policy of this state… (3) Homeowners’ association documents… may not preclude the display of one portable, removable United States flag by property owners… The Legislature finds that the use of Florida-friendly landscaping and other water use and pollution prevention measures to conserve or protect the state’s water resources serves a compelling public interest and that the participation of homeowners’ associations and local governments is essential to the state’s efforts in water conservation and water quality protection and restoration. (b) Homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping, as defined in s. 373.185, on his or her land or create any requirement or limitation…
Source Link - 7 Fla Stat. § 720.304
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(2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.
Source Link - 8 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 9 Fla. Stat. § 163.04
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(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited. (2) A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement.
Source Link - 10 Fla Stat. § 720.3085
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(4) A homeowners’ association may not file a record of lien against a parcel for unpaid assessments unless a written notice or demand for past due assessments as well as any other amounts owed to the association pursuant to its governing documents has been made by the association. The written notice or demand must: (a) Provide the owner with 45 days following the date the notice is deposited in the mail to make payment for all amounts due, including, but not limited to, any attorney’s fees and actual costs associated with the preparation and delivery of the written demand.
Source Link - 11 Fla. Stat. § 720.3085
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(d) If the parcel owner remains in possession of the parcel after a foreclosure judgment has been entered, the court may require the parcel owner to pay a reasonable rent for the parcel. If the parcel is rented or leased during the pendency of the foreclosure action, the association is entitled to the appointment of a receiver to collect the rent. The expenses of the receiver must be paid by the party who does not prevail in the foreclosure action.
Source Link - 12 Fla. Stat. § 720.401
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(1)(a) A prospective parcel owner in a community must be presented a disclosure summary before executing the contract for sale. The disclosure summary must be in a form substantially similar to the following form: “DISCLOSURE SUMMARY FOR (NAME OF COMMUNITY) 1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS’ ASSOCIATION.”
Source Link - 13 Fla. Stat. § 617.1403
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(1) At any time after dissolution is authorized, the corporation may dissolve by delivering to the Department of State for filing articles of dissolution setting forth: (a) The name of the corporation; (b) If the corporation has members entitled to vote on dissolution, the date of the meeting of members at which the resolution to dissolve was adopted, a statement that the number of votes cast for dissolution was sufficient for approval, or a statement that such a resolution was adopted by written consent… (2) A corporation is dissolved upon the effective date of its articles of dissolution.
Source Link - 14 Fla. Stat. § 617.1405
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(1) A dissolved corporation continues its corporate existence but may not conduct its affairs except to the extent appropriate to wind up and liquidate its affairs, including: (a) Collecting its assets; (b) Disposing of its properties that will not be distributed in kind pursuant to the plan of distribution of assets adopted under s. 617.1406; (c) Discharging or making provision for discharging its liabilities; (d) Distributing its remaining property in accordance with the plan of distribution of assets adopted under s. 617.1406; and (e) Doing every other act necessary to wind up and liquidate its affairs.
Source Link - 15 Fla. Stat. § 720.303(4)(b)4
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The association shall ensure that the information and records described in paragraph (5)(g), which are not allowed to be accessible to parcel owners, are not posted on the association’s website or application. If protected information or information restricted from being accessible to parcel owners is included in documents that are required to be posted on the association’s website or application, the association must ensure the information is redacted before posting the documents. Notwithstanding the foregoing, the association or its authorized agent is not liable for disclosing information that is protected or restricted under paragraph (5)(g) unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information.
Source Link - 16 Fla. Stat. § 720.3045
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Regardless of any covenants, restrictions, bylaws, rules, or requirements of an association, and unless prohibited by general law or local ordinance, an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course, including, but not limited to, artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles.
Source Link - 17 Fla. Stat. § 720.3035(1)(b)
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An association or any architectural, construction improvement, or other such similar committee of an association may not enforce or adopt a covenant, rule, or guideline that:
1. Limits or places requirements on the interior of a structure that is not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course.
2. Requires the review and approval of plans and specifications for a central air-conditioning, refrigeration, heating, or ventilating system by the association or any architectural, construction improvement, or other such similar committee of an association, if such system is not visible from the parcel’s frontage, an adjacent parcel, an adjacent common area, or a community golf course and is substantially similar to a system that is approved or recommended by the association or a committee thereof.
Source Link - 18 Fla. Stat. § 720.305(2)(f)
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If a violation is not cured and the proposed fine or suspension levied by the board is approved by the committee by a majority vote, the committee must set a date by which the fine must be paid, which date must be at least 30 days after delivery of the written notice required in paragraph (d). Attorney fees and costs may not be awarded against the parcel owner based on actions taken by the board before the date set for the fine to be paid.
Source Link - 19 Fla. Stat. § 720.305(2)(g)
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If a violation and the proposed fine or suspension levied by the board is approved by the committee and the violation is not cured or the fine is not paid per the written notice required in paragraph (d), reasonable attorney fees and costs may be awarded to the association. Attorney fees and costs may not begin to accrue until after the date noticed for payment under paragraph (d) and the time for an appeal has expired.
Source Link - 20 Fla. Stat. § 720.305(2)(d)
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Within 7 days after the hearing, the committee shall provide written notice to the parcel owner at his or her designated mailing or e-mail address in the association’s official records and, if applicable, any occupant, licensee, or invitee of the parcel owner, of the committee’s findings related to the violation, including any applicable fines or suspensions that the committee approved or rejected, and how the parcel owner or any occupant, licensee, or invitee of the parcel owner may cure the violation, if applicable, or fulfill a suspension, or the date by which a fine must be paid.
Source Link - 21 Fla. Stat. § 720.305(2)(e)
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If a violation has been cured before the hearing or in the manner specified in the written notice required in paragraph (b) or paragraph (d), a fine or suspension may not be imposed.
Source Link - 22 Fla. Stat. § 720.3035(6)(b)
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Notwithstanding any other provision in the governing documents of the association, the board or any architectural, construction improvement, or other such similar committee may not deny an application for the installation, enhancement, or replacement of hurricane protection by a parcel owner which conforms to the specifications adopted by the board or committee. The board or committee may require a parcel owner to adhere to an existing unified building scheme regarding the external appearance of the structure or other improvement on the parcel.
Source Link - 23 Fla. Stat. § 720.3075(3)(e)
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Homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not preclude… A property owner from inviting, hiring, or allowing entry to a contractor or worker on the owner’s parcel solely because the contractor or worker is not on a preferred vendor list of the association. Additionally, homeowners’ association documents may not preclude a property owner from inviting, hiring, or allowing entry to a contractor or worker on his or her parcel solely because the contractor or worker does not have a professional or an occupational license. The association may not require a contractor or worker to present or prove possession of a professional or an occupational license to be allowed entry onto a property owner’s parcel.
Source Link - 24 Fla. Stat. § 720.305(7)
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Notwithstanding any provision to the contrary in an association’s governing documents, an association may not levy a fine or impose a suspension for any of the following:
(a) Leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated garbage collection day or time.
(b) Leaving holiday decorations or lights on a structure or other improvement on a parcel longer than indicated in the governing documents, unless such decorations or lights are left up for longer than 1 week after the association provides written notice of the violation to the parcel owner.
Source Link - 25 Fla. Stat. § 720.3075(3)(d)
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Homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not preclude… A property owner or a tenant, a guest, or an invitee of the property owner from parking his or her personal vehicle, including a pickup truck, in the property owner’s driveway, or in any other area 1in which the property owner or the property owner’s tenant, guest, or invitee has a right to park as governed by state, county, and municipal regulations. The homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not prohibit, regardless of any official insignia or visible designation, a property owner or a tenant, a guest, or an invitee of the property owner from parking his or her work vehicle, which is not a commercial motor vehicle as defined in s. 320.01(25), in the property owner’s driveway.
Source Link - 26 Fla. Stat. § 720.3075(3)(f)
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Homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not preclude… Operating a vehicle that is not a commercial motor vehicle as defined in s. 320.01(25) in conformance with state traffic laws on public roads or rights-of-way or the property owner’s parcel.
Source Link - 27 Fla. Stat. §720.3085(3)
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Assessments and installments on assessments that are not paid when due bear interest from the due date until paid at the rate provided in the declaration of covenants or the bylaws of the association, which rate may not exceed the rate allowed by law. If no rate is provided in the declaration or bylaws, simple interest accrues at the rate of 18 percent per year. Notwithstanding the declaration or bylaws, compound interest may not accrue on assessments and installments on assessments that are not paid when due.
Source Link - 28 Fla. Stat. § 720.305(2)(b)
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A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ written notice of the parcel owner’s right to a hearing to the parcel owner at his or her designated mailing or e-mail address in the association’s official records and, if applicable, to any occupant, licensee, or invitee of the parcel owner, sought to be fined or suspended. Such hearing must be held within 90 days after issuance of the notice before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. The committee may hold the hearing by telephone or other electronic means. The notice must include a description of the alleged violation; the specific action required to cure such violation, if applicable; and the hearing date, location, and access information if held by telephone or other electronic means. A parcel owner has the right to attend a hearing by telephone or other electronic means.
Source Link - 29 Fla. Stat. § 720.305(2)(d)
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Within 7 days after the hearing, the committee shall provide written notice to the parcel owner at his or her designated mailing or e-mail address in the association’s official records and, if applicable, any occupant, licensee, or invitee of the parcel owner, of the committee’s findings related to the violation, including any applicable fines or suspensions that the committee approved or rejected, and how the parcel owner or any occupant, licensee, or invitee of the parcel owner may cure the violation, if applicable, or fulfill a suspension, or the date by which a fine must be paid.
Source Link - 30 Fla. Stat. § 720.303(15)
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(15) REQUIREMENT TO PROVIDE COPIES OF RULES AND COVENANTS.—(a) Before October 1, 2024, an association shall provide a physical or digital copy of the association’s rules and covenants to every member of the association.(b) An association shall provide a physical or digital copy of the association’s rules and covenants to every new member of the association.(c) If an association’s rules or covenants are amended, the association must provide every member of the association with an updated copy of the amended rules or covenants. An association may adopt rules establishing standards for the manner of distribution and timeframe for providing copies of updated rules or covenants.
(d) The requirements of this subsection may be met by posting a complete copy of the association’s rules and covenants, or a direct link thereto, on the homepage of the association’s website if such website is accessible to the members of the association and the association sends notice to each member of the association of its intent to utilize the website for this purpose. Such notice must be sent in both of the following ways:
1. By electronic mail to any member of the association who has consented to receive notices by electronic transmission and provided an electronic mailing address to the association for that purpose.
2. By mail to all other members of the association at the address identified as the member’s mailing address in the official records of the association.
Source Link
