Homeownership in Surrey Ridge means being a part of a vibrant community where understanding the guiding principles of your Homeowners Association (HOA) can enhance your living experience. This article provides Surrey Ridge residents with an essential guide to understanding HOA governance and navigating the complexities of governing documents.
Your HOA is governed by a collection of documents that lay out the rules, rights, and responsibilities within the community. These governing documents are fundamental to maintaining order and harmony.
Homeowners can typically access these documents through the HOA portal or request copies from the board. Every homeowner should familiarize themselves with these documents to understand the community's standards and their own rights and duties.
Chapter 617 of the Florida Statutes governs not-for-profit corporations, while Chapter 720, known as the Homeowners Association Act, provides the statutory framework specifically for HOAs. Together, these chapters establish the legal foundation for HOA operations, recognizing them as not-for-profit entities and laying out operational procedures.
The Declaration acts as the community's constitution, dictating fundamental aspects of property rights and obligations among members.
This document formalizes the association's incorporation, outlining its name, purpose, and corporate governance aspects.
Bylaws govern the internal management of the association, detailing operational procedures like elections and meetings.
These are adaptable policies focusing on community operations and can be amended as per the board's discretion.
In case of conflicts among these documents, the hierarchy dictates that Florida law typically takes precedence, followed by the Declaration, Articles of Incorporation, Bylaws, and then the Rules.
"Kauffman language" indicates if your governing documents are subject to Florida statutes as they may be amended over time. If present, both procedural and substantive changes in law automatically apply.
Surrey Ridge Specific: The Surrey Ridge Community Association's governing documents lack Kauffman language. This means that changes to Florida Statutes do not automatically apply to our governing documents unless they contain "notwithstanding" language or are explicitly adopted through amendment procedures.
Terms like "notwithstanding" in statutes mean those statutory provisions override any contrary terms in governing documents.
When a statute uses this phrase, it typically defers to the governing documents, unless they are silent on the matter.
Understanding these clauses helps avoid disputes where boards and owners might diverge on which set of rules apply.
Chapter 617 Florida Statutes governs not-for-profit corporations in Florida, establishing the legal framework for how HOAs are structured as corporate entities. Chapter 720 Florida Statutes explains the operational structure specifically for HOAs, establishing member rights and disputes resolution processes.
Understanding your HOA's governing framework is essential for effective community living. Familiarize yourself with the documents that shape your rights and obligations.
For more detailed legal guidance, refer to Chapter 617 and Chapter 720 of the Florida Statutes or contact your HOA board for further assistance.