Condo & HOA Governing Documents Attorneys

Reviewed by Jason Hamilton Mikes, JD, MBA · September 23, 2026 · Florida Statutes as of July 1, 2026

Governing Documents for Florida Community Associations

Every question a community association board asks eventually comes back to the same place: what do the documents say, and does the statute allow it? The declaration, articles of incorporation, bylaws, and rules are the association's constitution, its contract with every owner, and, when a dispute arrives, the first exhibit. Hamilton Mikes drafts, amends, interprets, and defends governing documents for condominiums, homeowners associations, cooperatives, mobile home communities, clubs, and marinas throughout Southwest Florida. Much of that work is preventive: a board that understands the hierarchy of its documents, the vote each change requires, and the limits Florida law places on what the documents may say makes fewer decisions that have to be undone.

The Hierarchy of Documents

Florida law arranges an association's documents in a fixed order of authority, and a provision lower in the order yields to one above it.

Florida Statutes and the Florida and federal constitutions. Chapter 718 (condominiums), Chapter 719 (cooperatives), Chapter 720 (homeowners associations), Chapter 723 (mobile home parks), Chapter 617 (not-for-profit corporations), and Chapter 760 (fair housing), among others. Mandatory statutory provisions control over inconsistent documents.
The declaration (declaration of condominium; declaration of covenants, conditions, and restrictions; or, for a cooperative, the cooperative documents and proprietary lease). The declaration is recorded in the county's official records, runs with the land, and binds every owner and successor. Florida courts treat its restrictions as presumptively valid and enforce them unless they are arbitrary, violate public policy, or infringe a constitutional right.
The articles of incorporation, filed with the Division of Corporations, which create the corporate entity and set its purposes and powers.
The bylaws, which govern how the corporation operates: board size and terms, officers, meetings, elections, budgets, and assessments. Condominium bylaws are deemed by statute to include the provisions Chapter 718 requires, whether or not they are written in.
Rules and regulations adopted by the board under authority granted in the declaration or bylaws. Board rules receive less deference than declaration restrictions. Under the standard Florida courts have applied since Hidden Harbour Estates, Inc. v. Norman (Fla. 4th DCA 1975), a board rule must be reasonable, meaning rationally related to a legitimate association purpose, and must not conflict with the declaration or any right the declaration grants to owners.

When two provisions conflict, the higher document controls, and within a document the specific provision controls over the general. Restrictive covenants are strictly construed in favor of the free use of property when they are ambiguous, which is why the words of a restriction matter more than the intent a board remembers.

Amending Condominium Documents

Chapter 718 supplies both the procedure and the limits. The declaration may be amended by the vote it specifies; if it is silent, approval of the owners of at least two-thirds of the units is required. Certain amendments require more: changing the configuration or size of a unit, the appurtenances to a unit, or the proportion by which a unit shares in the common expenses and common surplus requires the approval of the affected owners and all record owners of liens on those units, unless the declaration provides otherwise. The proposed amendment must be presented with the full text, new words underlined and deleted words struck through, unless the changes are so extensive that a "substantial rewording" notation is used. An amendment is effective only when recorded, together with a certificate of the association attesting to the vote.

Amendments that prohibit or regulate rentals are a special case: since 2004, a rental amendment applies only to owners who consent to it and to owners who take title after it is recorded. A rental restriction adopted without accounting for that rule protects the community less than the board expects.

Bylaws are amended by the vote they specify, or by two-thirds of the voting interests if they are silent, and articles by the vote stated in the articles or Chapter 617. Rules regarding unit use are adopted or amended by the board at a meeting noticed to owners at least 14 days in advance.

Amending Homeowners Association Documents

Chapter 720 defers more to the documents than Chapter 718 does. Unless the governing documents provide otherwise or the law requires more, the declaration may be amended by two-thirds of the voting interests. An amendment may not, without the consent of the affected owners and their lienholders, materially and adversely alter a parcel's proportionate voting interest or increase the share of common expenses it bears, unless the original declaration permits it. Amendments restricting rentals adopted after July 1, 2021 generally bind only consenting owners and later purchasers, with exceptions for associations of 15 or fewer parcels and for amendments that limit rentals to terms of six months or longer or to no more than three rentals a year. Every amendment must be recorded to take effect, and homeowners associations must now provide their rules and covenants to every member and post them where the association maintains a website.

Chapter 720 also forbids certain provisions regardless of the vote: restrictions on displaying the United States flag and specified other flags in the manner the statute allows, prohibitions on Florida-friendly landscaping, restrictions on the interior of a home or on items not visible from the frontage or an adjacent parcel, and, since 2024, rules that fine owners for garbage receptacles placed out for collection within the statutory window, holiday decorations within the statutory period, or personal vehicles, including pickup trucks, parked in an owner's driveway. Documents containing those provisions should be updated so that the board does not attempt to enforce a clause a court will not enforce.

Older Documents and the Marketable Record Title Act

Chapter 712, the Marketable Record Title Act, extinguishes covenants and restrictions 30 years after the root of title unless they are preserved. For a homeowners association, that means the declaration itself can lapse. Chapter 720 permits an association to preserve its covenants by recording a notice, requires the board to consider a "statement of marketable title action" at its first meeting after each annual meeting, and provides a revitalization procedure for communities whose covenants have already expired. Condominium declarations are treated differently, but older condominium documents present their own problem: whether the declaration incorporates Chapter 718 "as amended from time to time." Under Kaufman v. Shere (Fla. 3d DCA 1977), later statutory changes are generally treated as incorporated where that language is present; a declaration without it is governed, on substantive matters, by the statute as it read when the declaration was recorded. Kaufman is a contract-construction decision about incorporation by reference, not a rule that statutory amendments apply retroactively, and the court confined it further in a footnote: such provisions "would only be incorporated to the extent that they were valid," and the statutory section at issue "could only be adopted prospectively." We determine which rule applies to a client's documents before advising on any question where the answer changed after the documents were written.

Interpretation and Opinions

Boards ask us to interpret documents daily: whether a lanai enclosure is a material alteration, whether the "single family" clause reaches unrelated roommates, whether the association or the owner maintains a particular pipe, whether a golf-cart rule adopted in 1998 can be enforced against a newer low-speed vehicle. We answer in writing, citing the provision and the statute, so that the board's decision is documented and consistent the next time the question arises. Where the documents are unclear and the stakes are high, we recommend either an amendment that resolves the ambiguity or a declaratory judgment action under Chapter 86, rather than an enforcement action the association may lose.

Communities We Serve

Condominium Documents

For Condominium Associations, we draft and amend declarations of condominium, articles, bylaws, and rules; prepare material-alteration, reserve, and leasing amendments; conform documents to Chapter 718 after each legislative session; and interpret maintenance, insurance, and use provisions.

HOA Governing Documents

For Homeowners Associations, we amend declarations and bylaws, draft architectural guidelines and rules, remove clauses Chapter 720 no longer permits, preserve covenants under the Marketable Record Title Act, and handle developer turnover documents.

Cooperative Documents

For Cooperative Associations, we draft and amend proprietary leases, occupancy agreements, articles, and bylaws under Chapter 719, and advise on the transfer and approval provisions that distinguish cooperative ownership.

Mobile Home Community Documents

For Mobile Home Communities, we prepare and review prospectuses, lot rental agreements, and park rules under Chapter 723, and we advise homeowners' associations on the purchase and conversion provisions of that chapter.

Country Club and Golf Community Documents

For Country Clubs and Golf Communities, we draft membership plans, club bylaws, equity and refund provisions, and mandatory-membership covenants, and we reconcile club documents with the community's declaration.

Marina and Waterfront Documents

For Marinas and Waterfront Communities, we draft dock and slip provisions, boat and liveaboard rules, and the maintenance and cost-allocation clauses that seawalls, docks, and submerged land leases require.

RV Resort, Timeshare, and Hotel Condominium Documents

Occupancy, length-of-stay, and rental-program provisions require particular care in RV Resorts, Timeshare Condominiums, and Hotel Condominiums, where Chapter 721, hospitality regulation, and local short-term rental ordinances overlay the association documents.

Master, Sub-Association, Multi-Condominium, and Mixed-Use Documents

Layered communities need documents that allocate authority, maintenance, insurance, and cost among entities without gaps or overlaps. We draft and amend master declarations, sub-association documents, shared-facility and easement agreements, and the cost-sharing provisions that Master Associations, Sub-Associations, Multi-Condominium Associations, and Mixed-Use Developments depend on.

Frequently Asked Questions About Governing Documents

What documents govern a community association?

In order of authority: the applicable Florida statutes; the recorded declaration; the articles of incorporation; the bylaws; and the rules and regulations adopted by the board. Architectural guidelines, resolutions, and policies sit with the rules. A provision lower in the order that conflicts with a higher one is unenforceable to the extent of the conflict.

Can a board amend the governing documents without an owner vote?

The board may adopt and amend rules and regulations if the declaration or bylaws grant that authority, subject to the requirement that rules be reasonable and consistent with the declaration and, for condominium rules regarding unit use, the 14-day notice requirement. Amendments to the declaration, articles, or bylaws require the owner vote stated in the document or supplied by statute. A few statutory changes may be adopted by the board alone, but they are the exception.

What happens when two governing-document provisions conflict?

The higher document controls: declaration over bylaws, bylaws over rules. Within the same document, the more specific provision controls over the general one, and an ambiguous restriction is construed in favor of the owner's free use of the property. When a conflict is discovered, the durable fix is an amendment that removes it.

Should rules repeat the declaration?

No. Rules that restate declaration provisions create two versions of the same restriction that drift apart over time, and a board that "amends" a rule copied from the declaration may believe it has changed a restriction it lacks authority to change. Rules should implement the declaration, not duplicate it.

Can the association enforce an outdated restriction?

Sometimes. A restriction that has never been enforced, or that the association has knowingly allowed to be violated, may be subject to waiver, estoppel, or selective-enforcement defenses. The association can often restore enforceability by giving owners written notice that it will enforce the restriction prospectively, but existing violations may have to be grandfathered. A restriction that conflicts with a statute enacted after the documents were written cannot be enforced regardless of past practice.

How long does an amendment take?

For a condominium, from the board's decision to a recorded amendment typically takes 60 to 120 days: drafting, board approval of the proposal, the required notice period, the membership meeting or written consent process, and recording. Contested or extensive amendments take longer, and rental amendments require an owner-consent process that continues after recording. We build the schedule around the association's annual meeting when we can.

Contact Hamilton Mikes

Contact Hamilton Mikes, P.A. at 239-594-7227 to discuss an amendment, a document review, or an interpretation question. Related services: Regulatory Compliance, Corporate Governance, Covenant Enforcement, and Sales, Leases, and Occupancy.

About this page. This page is published by Hamilton Mikes, P.A. for general educational purposes. It is not legal advice, it is not a legal opinion, and it is not a substitute for advice from a lawyer who has reviewed your association's governing documents and the facts of your situation. Reading it, downloading it, or corresponding with the firm about it does not create an attorney-client relationship. No such relationship arises until the firm and the client have signed a written engagement agreement. Please do not send confidential or time-sensitive information to the firm until a conflicts check has been completed and an engagement is confirmed in writing; information sent before that point may not be treated as privileged.

Scope and currency. This article addresses Florida law as applied to Florida community associations, and the firm is licensed to practice in Florida only. Nothing here should be taken as a statement of the law of any other jurisdiction. Florida's community association statutes have been amended in every regular session since 2021, and subsection numbering has moved more than once in that period. Each page states the edition of the Florida Statutes it was written against. The law may have changed after that date, an appellate court may have construed a provision differently, and an administrative rule or a local ordinance may impose requirements this page does not address.

Your governing documents control. Much of what governs a Florida association is not in the statutes at all. Declarations, articles of incorporation, bylaws, rules, plats and recorded amendments differ from community to community, and on many questions they set the rule while the statute sets only a floor or a default. A procedure that is correct in one association may be a breach of the documents in the association next door. No general page can tell you which is which for your community.

Why general information is not advice. Legal questions are resolved by applying the law to particular facts as a judge, jury, arbitrator or hearing officer finds them. An outcome that appears clear in the abstract frequently turns on the documents, the chronology, the board's own prior conduct, and the procedural posture, none of which a general page can anticipate. A lawyer supplies what information cannot: the judgment to identify which facts matter, the experience to know how a court or the Division is likely to treat them, the ability to choose among the courses of action actually available, and the advocacy to carry the association's position through negotiation, hearing or trial.

The standard of care, and the protection the statute attaches to counsel. A director of a Florida community association is held to the standard in section 617.0830, Florida Statutes: to act in good faith, in a manner the director reasonably believes to be in the best interests of the corporation, and to discharge the duties of the office with the care an ordinary prudent person in a like position would reasonably believe appropriate under similar circumstances. That standard is measured against the decision the board actually faced, on the record actually before it. The same statute supplies the protection that goes with the duty. Under section 617.0830(4) and (5)(b), a director who has no knowledge making reliance unwarranted is entitled to rely on information, opinions, reports and statements prepared or presented by legal counsel retained by the association as to matters the director reasonably believes are within counsel's professional competence. The Legislature has written the prudent course into the statute. A board that obtains advice on its own documents and its own facts, and acts on that advice, is standing on ground the statute expressly protects. Nothing on this website confers that protection. General information, however carefully prepared, is not advice on your declaration, your amendments, your board's history or your dispute, and a director who relies on it in place of counsel forgoes a statutory protection that was available for the asking.

Personal exposure is real. Service on an association board is usually uncompensated, but volunteer status is not itself immunity. Under section 617.0834, Florida Statutes, a director or an officer is not personally liable in monetary damages for a statement, vote, decision, or failure to act in that role unless two things are both true: the director or officer breached or failed to perform the duties of the office, and that breach was a violation of the criminal law, a transaction from which the director or officer derived an improper personal benefit, conscious disregard or willful misconduct in a proceeding brought by or in the right of the corporation, or recklessness or bad faith in a proceeding brought by anyone else. That protection turns on how the director acted, not on whether the director was paid. Chapters 718, 719 and 720 add consequences of their own, including removal from office, civil penalties assessed against the individual for certain willful and knowing violations, and in defined circumstances criminal liability. Whether any of that reaches a particular director depends entirely on the facts and on the director's conduct. The practical point is narrower and more useful: the decisions that generate this exposure — levying an assessment, enforcing a covenant, denying a transfer, withholding a record, entering a unit, terminating a contract, signing for construction work — are precisely the decisions on which general information is least adequate, and on which counsel costs least relative to what is at stake.

No guarantee; prior results. The firm makes no representation or warranty that the information on this page is complete, current or applicable to any particular matter, and disclaims liability to any person for any action taken or not taken in reliance on it. Any description of prior results does not guarantee or predict a similar outcome in any other matter; every case turns on its own facts, documents and record.

Do not act on this page alone. If your association faces a decision of consequence, obtain advice from a Florida-licensed attorney who has read your governing documents and the relevant record before the board votes, signs, sends or forecloses. Hamilton Mikes, P.A. represents community associations throughout Southwest Florida and can be reached at 239-594-7227.

Governing Documents