The Law of Florida Homeowners Associations
by Dunbar, Peter M.; Dudley, Charles F.Edition: 9th
Format: Paperback
Pub. Date: 2012-08-15
Publisher(s): Pineapple Pr Inc
List Price: $18.13
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Summary
The only complete guide for the operation of Florida homeowners associations, including single-family subdivisions, townhouse and cluster developments, and master community associations. This guide will help the association carry out its responsibilities fairly and effectively under current Florida laws. Includes dealing with: meetings, the board of directors, budget and finances, covenants and use of property, rights and responsibilities of the parcel owner. Complete footnoted references to the Florida Statutes and appellate court decisions.
Table of Contents
| Introduction | p. ix |
| The Homeowners Association and the Community Concept | p. 1 |
| Homeowners Association Concept | p. 2 |
| Applicable Law and Legislative Intent | p. 3 |
| The Community | p. 3 |
| The Homeowners Association | p. 4 |
| Assessments | p. 5 |
| Declaration of Covenants | p. 6 |
| Articles of Incorporation | p. 7 |
| Bylaws | p. 8 |
| Rules and Regulations | p. 9 |
| Priority and Consistency of the Documents | p. 9 |
| Minutes and Records | p. 10 |
| Directory of Homeowners | p. 11 |
| Community Association Management | p. 11 |
| Automated Electronic Defibrillator | p. 12 |
| Meetings of the Membership | p. 14 |
| General | p. 15 |
| Annual and Regular Meetings | p. 15 |
| Special Meetings | p. 16 |
| Content of Meeting Notice | p. 16 |
| Proxies | p. 17 |
| Conducting the Meeting | p. 18 |
| Debate | p. 19 |
| Matters Out of Order | p. 19 |
| Voting and Vote Tabulations | p. 20 |
| Election of the Board of Directors | p. 22 |
| Board Elections by Ballot | p. 23 |
| Decorum | p. 24 |
| Speaking at Membership Meetings | p. 24 |
| Recording and Taping Membership Meetings | p. 25 |
| Adjournment to a Different Time | p. 25 |
| Smoking and the "Clean Indoor Air Act" | p. 26 |
| Board of Directors and Meetings of the Board | p. 27 |
| General | p. 28 |
| Election and Selection | p. 28 |
| Failure to Fill Board Vacancies | p. 29 |
| Eligibility | p. 30 |
| Resignation, Recall and Removal | p. 31 |
| Fiduciary Relationship | p. 32 |
| Indemnification | p. 32 |
| Meetings of the Board | p. 33 |
| Notice to Board Members | p. 34 |
| Notice to Association Members | p. 35 |
| Membership Participation | p. 36 |
| Committees | p. 37 |
| Officers | p. 38 |
| General | p. 39 |
| Election of Officers | p. 39 |
| President | p. 39 |
| Secretary | p. 41 |
| Treasurer | p. 41 |
| Vice President | p. 42 |
| Registered Agent and Office | p. 42 |
| Other Officers | p. 43 |
| Scope of Authority | p. 43 |
| Resignation and Removal | p. 44 |
| Compensation | p. 45 |
| Budget and Finances | p. 46 |
| General | p. 47 |
| Recurring Operations | p. 47 |
| Reserves for Deferred Maintenance | p. 48 |
| Waiver of Mandatory Reserves | p. 49 |
| Recreational Amenities | p. 49 |
| Developing the Proposed Budget | p. 50 |
| Funding the Budget | p. 51 |
| Time for Payment and Delinquency | p. 52 |
| Enforcement and Liens | p. 53 |
| Suspension of Rights | p. 54 |
| Collection of Delinquencies from Tenant | p. 55 |
| Annual Financial Report | p. 56 |
| Annual Financial Filings | p. 58 |
| Contracts for Products and Services | p. 58 |
| Rights and Responsibilities of the Parcel Owner | p. 60 |
| General | p. 61 |
| Use of the Common Area | p. 61 |
| Guests and Tenants of a Parcel Owner | p. 62 |
| Membership and Voting Rights in the Association | p. 63 |
| Participation in Association Affairs | p. 63 |
| Access to Association Records | p. 64 |
| Financial Obligations | p. 66 |
| Sale and Transfer of the Parcel | p. 67 |
| Recreational and Common Facilities Leases | p. 68 |
| Display of Flags | p. 69 |
| Display of Signs | p. 70 |
| Access Ramp Construction | p. 70 |
| Service Animals | p. 70 |
| SLAPP Protection and Public Participation | p. 71 |
| Electronic Transmission of Notices | p. 71 |
| Covenants and Use of Association Property | p. 73 |
| Covenants | p. 74 |
| Covenants for Operation and Maintenance | p. 74 |
| Compliance with the Covenants and Restrictions | p. 75 |
| Mediation and Enforcement of the Documents | p. 77 |
| Enforcement Sanctions and Penalties | p. 79 |
| Notice of Violation and Uniform, Timely Enforcement | p. 79 |
| Age and Occupancy Limitations | p. 80 |
| Lease and Rental Restrictions | p. 82 |
| Sale and Transfer Restrictions | p. 82 |
| Amendments to the Governing Documents | p. 83 |
| Revival of the Governing Documents | p. 84 |
| Towing of Unauthorized Vehicles | p. 85 |
| Private Roadways | p. 86 |
| Penny-ante Gambling | p. 87 |
| Architectural Control and Standards | p. 88 |
| Architectural Standards | p. 89 |
| Unauthorized Structures | p. 89 |
| Permitted Structures and Improvements | p. 90 |
| Communication Services | p. 91 |
| Uniform Community Scheme | p. 92 |
| Architectural Review Committee | p. 92 |
| Architectural Standards and Parcel Owner Rights | p. 93 |
| Architectural Standards and Local Codes | p. 93 |
| Rights and Responsibilities of the Developer | p. 95 |
| General | p. 96 |
| Rights and Privileges of the Developer | p. 96 |
| Limitations and Obligations of the Developer | p. 97 |
| Assessment Responsibilities of the Developer | p. 97 |
| Recreational Amenities | p. 98 |
| The Developer and Transition of Control | p. 99 |
| Organization of Owner-Controlled Board | p. 100 |
| Common Law Warranties | p. 101 |
| Construction Defects-Presuit Procedures | p. 101 |
| Style and Format for Association Forms and Documents | p. 103 |
| Membership Meeting Forms and Sample Documents | p. 107 |
| Board of Directors Meetings and Sample Documents | p. 122 |
| Officer and Committee Forms and Sample Documents | p. 134 |
| Budget and Financial Forms and Sample Documents | p. 140 |
| Disclosure Summary for Prospective Purchasers | p. 147 |
| Table of Cases | p. 149 |
| Subject Index | p. 161 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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