In Florida, the short answer is yes—but whether it is required before or after filing a lawsuit depends on the type of dispute and the type of association. Florida law […]
What is “ADR”? Is a board required to use it? Read More »
Non-material errors generally do not invalidate a properly promulgated amendment.
Can an error in the amendment process void the change? Read More »
Capitalized and bolded text at least as large as the surrounding text (minimum 10pt).
What is “Conspicuous Type”? Read More »
New text must be underlined, and deleted text must be stricken through.
How must amendments be formatted? Read More »
If the bylaws are silent, they may be amended by a vote of two-thirds of the voting interests.
What is the “statutory default” for amending bylaws? Read More »
Generally no; they require a vote of the unit owners unless the bylaws specifically grant the board that power.
Can bylaws be changed by just a board vote? Read More »
Yes, the association must be a Florida not-for-profit corporation.
Does 718.112 require a specific corporate structure? Read More »
It is not valid until it is recorded in the public records of Palm Beach County..
What if a bylaw is not recorded? Read More »
At a minimum, they must be recorded as exhibits to the declaration in the public records of Palm Beach County. They should also be maintained by the Association. Each owner
Where must the bylaws be kept? Read More »
While 718.111 focuses on the “Association” as a corporate entity (its powers and records), Florida Statute 718.112 is often called the “heart” of the Condominium Act because it dictates how
What is the purpose of Florida statute 718.112? Read More »