Resources for Association Members

Community:

  • Fostering the USCFAR online member community.

Legal Resources:

  • List of legal aid organizations
  • Information on filing complaints and legal actions

Educational Materials:

  • Guides and articles on homeowner rights and board responsibilities

Statutes and Regulations:

In Florida, several key statutes govern homeowners associations (HOAs) and condominium associations. These laws provide the framework for how these associations operate and outline the rights and responsibilities of both board members and homeowners. Here are the most relevant statutes:

1. Florida Homeowners' Association Act (F.S. Chapter 720)

  • Overview: Governs the operations of homeowners associations in Florida.
  • Key Provisions:
  • Governance and Powers: Defines the powers of the board, including the authority to levy assessments and enforce rules.
  • Financial Reporting: Requires regular financial disclosures and audits.
  • Meetings and Voting: Details requirements for board meetings, member meetings, and voting procedures.
  • Dispute Resolution: Provides mechanisms for resolving disputes between homeowners and the board.

2. Florida Condominium Act (F.S. Chapter 718)

  • Overview: Governs the operation and management of condominium associations in Florida.
  • Key Provisions:
  • Governing Documents: Mandates that associations adopt and follow a declaration of condominium, bylaws, and articles of incorporation.
  • Financial Management: Requires annual financial reports, budget approval, and reserve fund management.
  • Maintenance and Repairs: Outlines responsibilities for maintaining and repairing common elements and units.
  • Dispute Resolution: Provides procedures for disputes involving the association, including arbitration and mediation.

3. Florida Cooperative Act (F.S. Chapter 719)

  • Overview: Covers cooperatives, which are similar to condominium associations but operate under a different ownership structure.
  • Key Provisions:
  • Governance and Management: Sets forth rules for the management and operation of cooperative associations.
  • Financial Reporting: Requires financial transparency and reporting to members.
  • Member Rights: Details the rights of cooperative members and the procedures for addressing grievances.

4. Florida Not For Profit Corporation Act (F.S. Chapter 617)

  • Overview: Governs not-for-profit corporations, which many HOA and condo boards are structured as.
  • Key Provisions:
  • Corporate Structure: Defines the requirements for forming and maintaining a not-for-profit corporation.
  • Board Duties: Outlines the fiduciary duties and responsibilities of board members.
  • Annual Reporting: Requires annual reports and financial disclosures.

5. Florida Fair Housing Act (F.S. Chapter 760)

  • Overview: Addresses discrimination in housing practices, including issues within HOA and condo associations.
  • Key Provisions:
  • Anti-Discrimination: Prohibits discrimination based on race, color, religion, sex, disability, familial status, or national origin.
  • Accommodation and Accessibility: Requires reasonable accommodations for individuals with disabilities.

These statutes collectively provide a framework for the operation of HOAs and condo boards in Florida, ensuring transparency, fairness, and accountability in their management practices.

Templates and Forms:

  • Sample letters, demand letters, and other documents
  • How and when to get us involved