Frequently Asked Questions 

The governing documents set the frequency. Florida statute requires an annual membership meeting; most boards also meet monthly or quarterly. The board must also meet whenever the association's business requires it. 

Florida statute requires written notice of board meetings posted at least 48 hours in advance (with some meetings — budget, special assessment, rules — requiring 14-day notice mailed to owners). Annual membership meetings have separate, longer notice requirements set out in the governing documents and statute. 

Florida statute generally prohibits a board member from receiving compensation for serving on the board, and imposes restrictions on board members serving as paid employees of the association. Specifics depend on whether the association is a condo, HOA, or cooperative, and the governing documents should always be reviewed. 

Yes. Florida statute gives owners the right to inspect and copy most association official records, subject to limited exceptions for personnel records, attorney-client privileged information, and certain personal data. The association is required to make records available within a defined timeframe of a written request.

These restrictions are set by the governing documents — and they can vary widely. Some communities prohibit pets above a certain weight; others restrict short-term rentals or impose minimum lease terms; most condos require board approval for any structural alteration. The Declaration and rules are the place to look. 

An association may suspend an owner’s voting rights if the owner is more than 90 days delinquent on monetary obligations, subject to proper notice. Beyond that, voting rights are protected by Florida statute and the governing documents and cannot be unilaterally restricted. 

Governing documents are the foundational set of legal instruments that define how an association is organized and operated — typically the Declaration, Articles of Incorporation, Bylaws, and any operating rules adopted by the board. They function as the association’s constitution and operating manual. 

When an owner purchases a home within the association, they accept the governing documents as legally binding. Owners are responsible for compliance, and board members are responsible for enforcement. Non-compliance can lead to penalties, liens, or other consequences spelled out in the documents themselves. 

Owners may request copies in writing from the association, but there are typically easier paths. Most associations make governing documents available through the owner portal; recorded documents, such as the CC&Rs, are also filed with the county recorder. For prospective buyers, the seller is typically responsible for providing the documents prior to closing. 

CC&Rs — Covenants, Conditions and Restrictions — are the legally binding obligations a seller of property records against the land in a deed. Common examples include maintenance standards, architectural restrictions, prohibited uses (e.g., no commercial activity from the residence), and sight-line preservation. CC&Rs run with the land and bind future owners as well. 

If you can’t obtain them directly from the association, the county recorder’s office maintains the public record. CC&Rs must be recorded with the county to be legally enforceable — and an HOA cannot enforce covenants that aren’t on record there. 

Bylaws are the internal rules and procedural guidelines that govern how a non-profit organization — such as an association board — operates. They typically establish officer roles, committee structures, meeting procedures, voting rights, and notice requirements. 

Unlike CC&Rs, bylaws are not required to be recorded with the county. An association may choose to record them, but it’s not mandated. 

The Declaration — sometimes called the master deed, the documents, or the Declaration of CC&Rs — is the foundational instrument that lays out each owner’s obligations to the association and the association’s duties to the owners. It’s frequently described as the association’s constitution. The original signer (or whoever acquires that role from the developer) is the Declarant. 

A lien is a monetary claim recorded against a property for unpaid obligations — assessments, contractor work, taxes, or mortgages. The lien attaches to the property itself and must be recorded with the county. Until the lien is satisfied or removed, the owner’s ability to convey or refinance the property is significantly constrained. 

An estoppel letter is a closing-related document used in the conveyance of real property. It’s sent to a lender, HOA, condo association, municipality, or tenant to confirm amounts owed — assessments, mortgage payoff, taxes, lease balances — that need to be reflected on the closing settlement statement. Those balances may be prorated, but they have to be included so the closing settles cleanly. 

An easement is a recorded interest in real property that grants one party the right to use another party’s land for a specific purpose. An association might hold an easement for slope maintenance, and public utilities commonly hold easements for repair or future installation work.

Functionally similar to a lien, a Notice of Noncompliance is a document — sometimes authorized under the CC&Rs — that the association may record in county property records to put prospective buyers on notice that a property is in violation of the governing documents. 

A common area is any portion of the improved real property within an association that is intended for shared use by the membership — pools, clubhouses, hallways, landscaping, and similar elements. 

Ordinances are laws — individually or as a set — adopted by local government at the county or municipal level. They sit alongside the association’s governing documents and Florida statutes as part of the regulatory framework within which communities operate. 

The party requesting the documents typically bears the cost, which generally covers printing, staff time, and other preparation expenses. Most governing documents cap how much an association may charge. 

Turnaround varies by association — check the governing documents for the specific timeline — but a common standard is roughly ten business days from receipt of a written request.