How to Start a Homeowners Association in Tallahassee, Florida

Homeowners associations are often established by developers of a housing project.

Homeowners associations are usually established by real estate developers prior to commencing construction and sale of new homes. Prospective homeowners must be notified of all deed restrictions and declarations of covenants prior to the sale of a new home. Notices should indicate the authorized monthly and any other fees that will initially be charged against the new homeowner. The board of directors are usually entitled to increase fees and amend the by-laws that govern operations of the homeowners association.

Things You'll Need

• Attorney (recommended)
• Articles of incorporation
• By-laws
• Board of directors

Instructions

1. Prepare articles of incorporation for a Florida corporation operating as a homeowner's association as defined by Florida Statutes (FS) 720.301(7). The articles of incorporation should be filed with the Florida Secretary of State, which requires payment of a filing fee. Additional copies should be provided at the time of filing for the homeowners association files and kept with other corporate records.

2. Publish the articles of incorporation (after payment for publishing costs) in a "newspaper of general circulation" once a week for four consecutive weeks. A proof of publication form should be returned to the association after publication is complete.

3. Draft the by-laws for the association detailing the rights and responsibilities of the association, board of directors, and homeowners whose deeds contain covenants and mandatory membership provisions (FS 720.301(6)(b)).

4. Conduct an election for initial members of the homeowners association board of directors. Members who are homeowners are entitled to one vote per residence (FS 720.301(7)).

5. Draft the declaration of covenants governing membership in the association and establish the initial fees which will constitute a lien on the real property. Generally, homeowner membership fees are due on a monthly or annual basis although additional fees may be required. The covenants will be binding on all properties and homeowners who subsequently purchase a residence from an existing member.

6. Record the deed restrictions and declaration of covenants with the county recorder's office located in the same county where the real properties affected by the covenants are located. The county recorder will charge a filing fee for each restricted real property deed filed. The association should keep at least one filed and recorded copy of every form filed with the county recorder's office.

7. Hold regularly scheduled board of directors meetings (usually monthly) and at least one meeting of the members each year in order to conduct an election of members of the board of directors.

Tips & Warnings

• Homeowner associations need to obtain liability insurance to protect against lawsuits arising from accidents in the common areas of the associations, such as tennis courts or swimming pools.

References

• Florida Statutes: "Chapter 720-Homeowners Associations"
• Frequently Asked Questions: "What is the law concerning homeowners associations?"
• Florida Statutes & Constitution: Chapter 720-Homeowners Associations"