Making changes to your HOA’s governing documents in Florida isn’t as simple as updating a policy on a whim. These documents, including the Declaration of Covenants, Conditions & Restrictions (CC&Rs) and bylaws, are legal instruments that require careful adherence to both procedural rules and state laws. If your board has identified a valid reason to amend any part of your governing documents, there’s a specific process you must follow.
Here’s a step-by-step guide to help you amend your HOA’s governing documents properly and lawfully.
How to Legally Amend Your Florida HOA’s Governing Documents
Step 1: Review Your Existing Governing Documents
Start by thoroughly reviewing your current bylaws, CC&Rs and any other governing documents. Pay close attention to the sections that outline how amendments must be made. Knowing the exact procedures such as notice requirements, quorum and voting thresholds is critical before moving forward.
Step 2: Identify the Proposed Changes
Clearly identify the specific provisions you wish to amend. Make sure there is a valid rationale for each change and that the language is precise. Whether you’re updating outdated provisions or adding new rules, you must be able to explain why the amendment is necessary.
Step 3: Consult a Florida HOA Attorney
Before drafting or proposing any amendment, consult with a licensed attorney experienced in Florida HOA law. Legal counsel can help ensure that your proposed changes comply with both Florida statutes and your existing governing documents. Not to mention, prevent you from making costly missteps!
Step 4: Draft the Amendments
Work with your attorney to draft clear and legally sound language for the proposed amendments. Each proposed change should be written in a way that is easy to understand, legally valid and consistent with the rest of your governing documents.
Be sure also to provide written notice to homeowners 10–30 days before the board meeting where the amendment will be discussed. This notice should include:
- The proposed amendment language
- A summary of the amendment’s purpose
- Potential impacts of the change
- Whether it affects existing rules or introduces new ones
Step 5: Obtain Board and/or Member Approval
Present the draft amendments to the HOA board at a properly noticed meeting. Allow for open discussion, address any questions from the board and homeowners and then hold a formal vote. Depending on your governing documents, you may also need to secure a specific percentage of votes from the broader membership to finalize the change.
Step 6: Notify Homeowners and Update Records
Once the amendment is approved, send official notice of the changes to all homeowners. Per Florida House Bill 59, HOAs must also provide a physical or digital copy of the rules and covenants to all new members of the HOA. Whenever the HOA’s rules or covenants are amended, an updated copy must also be provided to every member of the association. You’ll also need to update the association’s official records and file the amended documents.
Need Help Amending Your HOA Documents in Florida?
Amending governing documents can be complex, but with the right process and professional guidance, your HOA can make updates smoothly and legally. If you have questions or need help changing your CC&Rs in Florida, get in touch with our team at Dania Fernandez and Associates, P.A. today.
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