The process of amending the rules and regulations of a Boca Raton homeowners association is a complex one that requires careful consideration and adherence to applicable laws. The first step is to review the current laws that are applicable to the association. If the association has not been uniformly enforcing its rules and regulations, Florida law allows it to go through a republication process. This involves sending a letter to the community, republishing the rule or restriction that has not been properly enforced, which will enable the association to enforce those rules in the future.
It is essential for associations to understand the risks associated with participating in the amendment process. Doing it wrong can lead to a null or invalid amendment that cannot be enforced. To avoid this, it is best to seek legal advice from an experienced attorney who specializes in community associations. They can help guide the association through the process and ensure that all steps are taken correctly.
The documents that govern a homeowners association include the Declaration of Agreements, the Articles of Incorporation, the Statutes, and the Rules and Regulations. These documents must be amended with the affirmative vote of two-thirds of the voting interests of the association, unless otherwise provided in government documents or required by law. The association must also provide an annual budget to each owner with the fees for the next year and their due dates, as well as a certificate indicating the amount of the current fees if requested. It is also important for associations to consider how they will regulate and restrict activities within their communities.
This is especially true for commercial activities that lead to increased traffic and noise. With more people working from home due to the pandemic, associations must take a prudent approach that is guided by reason when it comes to regulating activities within their communities. The lawsuit recently filed against the Promenade at Boca Pointe Condo Association highlights the importance of properly adopting changes to an association's governing documents and recording them in the local court registry where the association is located. This serves as an important reminder for associations to ensure that all steps are taken correctly when amending their rules and regulations.
When amending rules and regulations of a Boca Raton homeowners association, it is essential for associations to understand all applicable laws and regulations, seek legal advice from an experienced attorney, obtain two-thirds majority vote from voting interests, provide an annual budget with fees for each owner, and consider how they will regulate activities within their communities. It is also important for associations to record any changes made in local court registry in order to ensure that all steps are taken correctly when amending their rules and regulations.