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HOAs and COAs are regulated by Federal laws, Florida Statute and local codes as well as by their own bylaws and CCRs. This complex mix of laws and regulations can make it difficult to research which laws specifically apply in certain situations where there may be a dispute between a member and their association.
Fla. Stat. 720.3033(1)(a). Duties and powers of an HOAs board, granted by the HAA and the communitys declaration, include enforcement of covenants, assessment and collection of member fees, maintenance of commons areas, and acting on behalf of the association in legal matters.
Technically there is no limit to how much an HOA can raise dues each year in Florida. That said, within each HOAs CCRs there could be specific rules on raising dues. For example, some declarations may state that there can only be a 5% increase each year, however, this is on a case by case basis.
One of the HOAs duties is to determine whether potential buyers and tenants meet the resident criteria outlined in the associations governing documents. As a result of this duty, in particular, HOAs have the right to deny or approve real estate transactions in their community.
HOAs must be registered with the state as a corporation and must file all governing documents in the official records of the county in which the community is located. While they must file with the county government, homeowners associations in Florida are not governed by a government agency.
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We are frequently asked the question, What is the Sunshine Law? Although Floridas Sunshine in Government Act does not apply to community associations, the statutes applicable to condominiums, cooperatives, and homeowners associations each contain their own sunshine requirements.
If there is any conflict in community association documents with Florida law, Florida law (unless the law states otherwise) will always prevail.
Like bylaws and CCRs, the HOA has the power to change its rules and regulations. The process, though, is a little different. It starts the samewith a proposal for the rule change and a meeting to discuss the proposal. The board must provide notice of the proposed change to all homeowners within a specific period.

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