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Document Update Procedure
by Peter Schulz

Procedure for modifying, amending, or adding to the Rules and Regulations.

Abstract: After turnover the Board of Directors can modify, amend, or add to the rules and regulations at a meeting of the board. However, a 14 day notice of the board meeting to all Homeowners is required. Following the board meeting, written notice of the modified, amended, or additional rules must be provided to the Homeowners at least 10 days before taking effect. Homeowners of a majority of the Units may overrule the Board with respect to any such modifications, amendments, or additions.

The Law - Townhomes

From Florida Statute 720.303 - Written notice of any meeting at which special assessments will be considered, or at which amendments to rules regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.

From First Amendment to Townhome Declaration - The Rules and Regulations and any modifications, amendments, or additions shall be furnished by the Board of Directors to each Owner no less than ten (10) business days prior to the effective date thereof. Owners must provide written notice to the Association of objections to the Rules or modifications, amendments, or additions made by the Board within ten (10) business days of the date of receipt of copies of the same. If a majority of the Owners timely object, the Board will provide notice to the Owners that the Rules or modifications, amendments, or additions have been overruled.

The Law - Condos

From Florida Statute 718.112 - Written notice of any meeting at which nonemergency special assessments, or at which amendment to rules regarding unit use, will be considered shall be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property not less than 14 days prior to the meeting.

From Condo By-Laws 13.0 - The Board of Directors may, from time to time, modify, amend, or add to the rules and regulations. Copies of modified, amended, or additional rules and regulations shall be furnished by the Board of Directors to each affected Unit Owner not less than ten (10) days prior to the effective date thereof.  Owners of a majority of the Units may overrule the Board with respect to any such modifications, amendments, or additions.

Note: Amendment of the Declarations and By-Laws after turnover requires approval of not less than two-thirds of the Units and does not become effective until properly recorded in the public records of the county where the declaration is recorded. Thus modifying, amending, or adding to the Rules and Regulations is much easier than incorporating these changes in the Declarations or By-Laws.

 

Documents

 

Townhomes
Key Documents

FL Statutes
720
617
Admin Code
Legislative Updates
Sunshine Law 101
Official Documents
Master Declaration
FL Registration
Original
Searchable
Amendment-A
Amendment-B
Townhome Declaration
FL Registration
Original
Searchable
Amendment-1
Declaration Updates
Sales Section
Lease Section
Rules & Regulations
Welcome Package
Original
Amendment-1
Amendment-2
Update Procedure
Fine Process
Developer Lessees
Community Policies
Building Code
Mitigation Affidavits
All Buildings
Frequent Questions
Town Homes
Other
Transfer Application

Proof of Insurance

Condos
Key Documents

FL Statutes
718
617
Admin Code
Legislative Updates
Governance Form
Sunshine Law 101
Official Documents
Condo Prospectus
Master Declaration
FL Registration
Original
Searchable
Amendment-A
Amendment-B
Condo Declaration
Fl Registration
Original
Searchable
Amendment-1
Amendment-2
Amendment-3
Other 1
Other 2
Emergency Powers
Declaration Updates
Sales Section
Lease Section
Rules & Regulations
Welcome Package
Current Complete
Original
Amendment-1
Amendment-2
Amendment-3
Amendment-4
Amendment-5
Amendment-6
Update Procedure
Fine Process
Developer Lessees
Community Policies
Building Code
Mitigation Affidavits
Building
1  2  3  4  5  6  7
Frequent Questions
Condominiums

Financials
2015 YE
2016 Budget

Other
Transfer Application

Proof of Insurance

Apartments
Key Documents

FL Statutes
420

Rules & Regulations

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