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Governing Documents
HOA Governance Explained
Homeowners Association’s
Governing Documentation
Declaration of Condition, Covenants, and Restrictions (CC&Rs) are Tier One: they set the standard for our community and help keep our property value. CC&R are a legally binding set of rules that govern the use and appearance of properties within a homeowners association community, detailing what homeowners can and cannot do with their property, including restrictions on exterior modifications, landscaping, parking, pets, and even noise levels; essentially outlining the maintenance and aesthetic standards that must be upheld within the community.
ByLaws are legal documents that outline how the Homeowners’ Association (HOA) operates on a day-to-day basis.
Articles of Incorporation is a legal document filed with the state that officially establishes the existence of the homeowners association, outlining its basic information like name, address, purpose, and structure, essentially acting as the association’s “charter” and declaring it a non-profit entity; it typically includes details about the initial board members and the person authorized to receive legal notices on behalf of the HOA.
Florida Statute – CHAPTER 720 HOMEOWNERS’ ASSOCIATIONS
Operating Rules and Regulations
The Operating Rules & Regulations are developed by the board of the HOA to determine how the day-to-day procedures will operate in the HOA. Topics of these rules can range from architectural specifications, collection policies or pool rules. Generally, the rules and regulations will be the lowest in the hierarchy of HOA governing documents.
Amending of the rules & regulations generally done by a vote of the Board of Directors.
Board Adopted Rules and Regulations
Boards adopt rules and regulations. They must be consistent with the declaration, the bylaws, and state law. Rules are usually recorded at a board meeting in the form of a motion called a policy resolution. Making and enforcing rules are important responsibilities for boards that must be undertaken with care.
In addition to policy resolutions, boards will also adopt administrative, special, and general resolutions. These resolutions specify how the association should operate. All members should familiarize themselves with all association resolutions along with the other governing documents.
Amending and adoption of the resolutions are done by a vote of the Board of Directors.
*Note: While we make every effort to ensure these documents are up to date, these are not a substitute for the full, recorded copy of the governing documents filed with the Escambia County Comptroller..
NOTICES FROM THE COMPLIANCE TEAM
Homeowners will be given the opportunity to correct a violation through a series of up to three letters; (1) Courtesy Notice, (2) Notice Reminder, and (3) Hearing Invitation. However, this format may not be followed for all violations as some require immediate action (i.e. health and safety, environmental, architectural).
COMPLIANCE FINE POLICY
On March 18, , the Board of Directors adopted a Compliance Fine Policy which will serve as a guide to the Board in establishing reasonable fines and/or penalties for non-compliance with the Association’s governing documents, in addition to all other remedies the Association may have for obtaining compliance or recouping the Association’s costs. Assessment of fines are approved by the HOA Board and can be assessed weekly depending upon the violation and time left outstanding. Safety violations are hazardous and thereby exempt from limits. This Compliance Fine Policy will continue in force until changed by action of the Board of Directors.