How to Amend Your Florida HOA Governing Documents

Amending your Florida HOA's governing documents is a process that demands the active involvement of the board, as you must adhere to all rules and regulations. Association documents such as declarations and bylaws are legal documents that shape the future of your HOA. If the board has identified a valid reason for a proposed change to the CC&Rs or other association documents (such as addressing outdated regulations or accommodating new community needs), it's crucial that you understand the steps involved. This guide underscores the pivotal role of the board in managing this significant task. 

Follow these steps to amend your Florida HOA Legal Document: 

• The critical first step is reviewing the HOA's existing governing documents, including bylaws and CC&Rs. Dedicate the time and effort to this task, understanding the procedures outlined for amendments and the areas that require a change or update. This process is about demonstrating diligence and taking responsibility for your HOA's future. By doing so, you equip yourself with the necessary knowledge to navigate the amendment process with confidence.
  
  
• Identify necessary changes by amending the specific sections or rules. Be sure to have a solid "why" behind your proposed changes and clearly define what you want to amend.
  
  
• It's essential to seek counsel from an attorney experienced in Florida HOA law before changing your HOA's covenants and restrictions. They are not just a legal advisor but guides who can navigate you through the legal aspects of the process, including drafting the amendments and ensuring your proposed amendments comply with state laws and the existing governing documents. Their expertise is invaluable in this process, assuring you that you're on the right legal track.
  
  
• Draft the amendments by working closely with your HOA attorney. Ensure the language is clear, concise, and aligned with the existing legal framework. Be specific about the changes and why they were made. Your notice of proposal, which can be based on the attached template, should be sent 10-30 days before the next board meeting. It should also include the drafted proposed rule change, a description of the purpose, and whether the rule change or new law may have any changes. It helps to inform property owners about any proposed CC&R amendments.
  
  
• Gain the board's approval by presenting the proposed amendments to the HOA board, inviting them to discuss changes and address any concerns or questions the board members may have. Open the floor to homeowners, allowing them to ask questions and voice their opinions. This step fosters inclusivity and ensures every voice is heard and considered. Then, formally vote to approve the new rule or amendment, further reinforcing the value of community involvement in the decision-making process.
  
  
• Notify the community and update records to ensure everyone understands them. Upon approval of the amendment, the board should notify the community detailing the changes. The board should update the association's records and provide copies of the updated governing documents to property managers, homeowners, and any other relevant parties. 

Following the above steps and receiving guidance from your attorney can provide your HOA with the skills necessary to amend its governing documents efficiently and in compliance with Florida laws and regulations.

If you have questions or need help changing CC&Rs in Florida, contact Precedent for a Request For Proposal today.