Where do HOAs get their Authority?
A Florida association’s authority is primarily derived from its declaration of covenants, articles of incorporation, bylaws, and the Homeowners’ Association Act or Condominium Act. The declaration is essentially a contract between all members of a community under which homeowners agree to comply with certain covenants and restrictions and pay assessments for maintenance of commons areas. By purchasing a home within an association community, the homeowner is deemed to have accepted the terms and obligations of the declaration. An association, though, does not have authority beyond the powers granted by its declaration or by statute. Highland Lakes Property Owners Association, Inc. v. Schlack, 724 So.2d 621 (Fla.App. 5 Dist. 1998).
An elected HOA board is tasked with general administration and operation of the association, including enforcement of covenants, restrictions, and rules. When running smoothly, a board serves a valuable purpose in the community, helping to maintain an orderly, peaceful neighborhood. Unfortunately, though, friction between an HOA board and individual members, or even among board members, is not uncommon. And the resulting conflict can lead to litigation and other unpleasantness.
Zoning ordinances and HOA covenants often disallow commercial uses of properties in residential areas. A group home that accepts payments for services provided at the home is almost certainly engaging in commercial activity. But, although the plain language of an ordinance or covenant might appear to prohibit such a group home, federal law forbids state and local governments or HOAs from impeding certain protected uses (more on that later). Importantly, there are different categories of group homes, and the laws protecting each home depend in large part on what kind of home is involved.
While generally homeowners’ associations are provided for the common good of its residents, what happens when it becomes necessary to dissolve an HOA? There are many reasons that it may become necessary to dissolve a homeowners’ association. They could be financial or legal or a combination of the two. This article is designed to provide general guidance as to what processes are required in order to legally dissolve a homeowners’ association in the unfortunate event that such action becomes necessary.
The neatest method of adopting a smoking restriction in an HOA community is to include the smoking policy in the declaration when the association is initially formed. For already-existing associations, though, a new smoking rule will require an amendment to the HOA’s declaration. Typically, this involves approval by member vote, followed by recording of the amended declaration in the county land records. Amendment can require only a simple majority, a super-majority, or even unanimous approval of members – depending on the declaration and state law.
Homeowner’s Associations come with many interesting and different processes for most first time members of an HOA community. An important process members of homeowners’ associations have to deal with is the election of a Board of Directors which can be a member’s first exposure to corporate law. This article is designed to give a general background on how board members in a homeowners’ association are elected and what processes are in place to protect homeowners from problematic board members.
The homeowners’ association board of directors is the governing body of your community, and can have a significant impact on the lives of those who live there. The board of a homeowners’ association is required to hold meetings to conduct the business of the association; the type and frequency of these meetings can vary, and can be confusing. But, members of the association are encouraged to attend most meetings, and to participate when permitted. This article will help you better understand HOA meetings. First, it’s important to know that HOAs are governed by the law of the state in which they sit.