Document Update Procedure
by Peter Schulz

Procedure for modifying, amending, or adding to the Rules and Regulations.

Abstract: After turnover the Board of Directors can modify, amend, or add to the rules and regulations at a meeting of the board. However, a 14 day notice of the board meeting to all Homeowners is required. Following the board meeting, written notice of the modified, amended, or additional rules must be provided to the Homeowners at least 10 days before taking effect. Homeowners of a majority of the Units may overrule the Board with respect to any such modifications, amendments, or additions.

The Law - Townhomes

From Florida Statute 720.303 - Written notice of any meeting at which special assessments will be considered, or at which amendments to rules regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.

From First Amendment to Townhome Declaration - The Rules and Regulations and any modifications, amendments, or additions shall be furnished by the Board of Directors to each Owner no less than ten (10) business days prior to the effective date thereof. Owners must provide written notice to the Association of objections to the Rules or modifications, amendments, or additions made by the Board within ten (10) business days of the date of receipt of copies of the same. If a majority of the Owners timely object, the Board will provide notice to the Owners that the Rules or modifications, amendments, or additions have been overruled.

The Law - Condos

From Florida Statute 718.112 - Written notice of any meeting at which nonemergency special assessments, or at which amendment to rules regarding unit use, will be considered shall be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property not less than 14 days prior to the meeting.

From Condo By-Laws 13.0 - The Board of Directors may, from time to time, modify, amend, or add to the rules and regulations. Copies of modified, amended, or additional rules and regulations shall be furnished by the Board of Directors to each affected Unit Owner not less than ten (10) days prior to the effective date thereof.  Owners of a majority of the Units may overrule the Board with respect to any such modifications, amendments, or additions.

Note: Amendment of the Declarations and By-Laws after turnover requires approval of not less than two-thirds of the Units and does not become effective until properly recorded in the public records of the county where the declaration is recorded. Thus modifying, amending, or adding to the Rules and Regulations is much easier than incorporating these changes in the Declarations or By-Laws.