Do Florida Statute Override An Association’s Documents?

It is important note what the laws override the documents and rules and regulations of a condominium or homeowners association.  Laws go in a specific order with the highest order being the U.S. Constitution, followed by federal laws, state constitutions and state laws and then local items such as city ordinances and codes.  For condos and HOAs, their rules will be lower in the pecking order, starting with the declaration or covenants, the articles, the bylaw and then finally the rules and regulations.
So if the bylaws or declaration state a specific assessment collection requirements, if that requirement specifically contradicts the Florida Statute, the Florida Statute will override the association’s documents.  However, there is an exception to that, where if the lower law is more restrictive, then the lower law will prevail. So if a condo association’s documents state that a lien may be placed 60 days after notice, and the Florida Statute provides 30 days notice, an association’s documents will take priority over the statute since it includes the 30 days provided by the statute. The condo association is able to amend and change their documents to lower the time frame to the 30 days provided in the Florida Statutes, but they cannot lower it to an amount lower than the statutes, such as 15 days. 
In many situations it is not clear cut as to what law or rule trumps another one.  You should always review all laws, rules, regulations and other items that address the current situation in question.  Seek the advice of an attorney if you have any questions as to what laws and rules should be applied to the issue you are facing.
This entry was posted in Condo-HOA Law and tagged , , , , , . Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *