How to Draft Homeowner's Association By-Laws for Single Family Dwellings in Florida
Homeowner's association bylaws are the rules and regulations that govern how a homeowner's association board manages and administers the association. These bylaws address issues such as board elections, association membership, financial reporting and other legal matters. State laws and regulations for Florida homeowner's associations are outlined in the Florida State Statutes, title XL, chapter 720. Because of legal issues such as foreclosures, deed restrictions and liens that can arise from bylaws violations, the advice of an attorney is invaluable when you draft or amend bylaws.
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Things You'll Need
- Copy of current homeowner's association by laws
- Copy of current Florida Statues, title XL, chapter 720
Instructions
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Analyze the Florida state statutes and laws that govern homeowner's association administration and management. If you are using an attorney, ask for a brief overview or presentation on legal matters that will affect how your association drafts its bylaws.
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Establish rules of association membership and voting rights of each member. Address and define issues such as the minimum age of a member, delinquent membership dues, proxy voting and public notice of meetings.
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Define the rules of homeowner's association meetings. The rules are also called parliamentary procedure. These rules govern the ethics, customs and format of meetings and committee proceedings. Clearly outline issues such as point of order rules, reading and acceptance of prior meeting minutes, reports by committees or directors, special business, legal issues and how members address the board.
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Define guidelines for the creation of a homeowner's association board. Address details such as the number of board members, positions, nomination and election process, powers and term of office. Also define actions governing the removal, resignation or retirement of board members.
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Define rules pertaining to the ethical behavior and conduct of the homeowner's association board. Outline details that address how the board deals with association members, committees, vendors, subcontractors and employees. Also draft bylaws that address the need for homeowner's association business to be conducted with full disclosure to association members.
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Define and outline precise rules and guidelines for the creation and administration of the homeowner's association budget and other financial matters. Bylaws that define budget guidelines, access to association funds, payment rules, check signing authority, project approval and tax issues should be well defined.
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Register homeowner's association bylaws; submit them to the appropriate county court system to be included in public records.
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Tips & Warnings
Financial bylaws should include multiple supervision provisions to prevent errors or fraud.
Even if an attorney is not involved in the drafting process, consider hiring one to review the finished bylaws.
Once bylaws are established and adopted, changing them may be a difficult or lengthy process.
References
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