Florida Statutes

Under Chapter 720 of the Florida Statutes, the Florida Homeowners’ Association Act, an association’s “governing documents” include the declaration of covenants, the articles of incorporation, the bylaws, and the rules and regulations. These documents collectively establish the rights and responsibilities of the association and its members.

Declaration of Covenants

The declaration sets forth the core covenants, property restrictions, and maintenance responsibilities that apply to all Villa owners.

Articles of Incorporation

The articles create the legal existence of the Villas HOA as a Florida corporation and define its basic corporate structure.

Bylaws

The bylaws govern the operation and administration of the Villas HOA. They address matters such as board composition, meeting procedures, member voting, and other corporate requirements.

Rules and Regulations

Rules and regulations supplement the declaration and typically address day-to-day community policies—such as parking, exterior modifications, landscaping guidelines, and use of shared Villa facilities.

Administrative Rules

In addition to “do and don’t” rules, Florida law allows an HOA board to adopt certain administrative rules, such as the procedures for member comments at board meetings or the process for requesting official records. These rules must be consistent with the declaration, articles, and bylaws.

Amendments and Owner Rights

Each governing document has its own amendment process.

• Declarations generally require the highest level of owner approval.

• Rules and regulations are typically adopted or amended by the board of directors.

All amendments must be recorded in the county’s public records to be valid.
While owner approval is not required for rule adoption, owners may attend board meetings, offer input, and raise concerns before the board votes on any rule changes.