Why Governing Documents Matter

A community association's declaration, articles of incorporation, bylaws, and rules are the legal foundation for every assessment, fine, and use restriction the association enforces. Documents drafted decades ago often no longer reflect current Florida law, fail to address short-term rentals or modern amenities, or contain ambiguous language that undermines enforcement in court. Outdated or improperly amended documents are one of the most common reasons an association loses an otherwise valid enforcement or collections case.

Association Assessment Attorneys, P.A. reviews, drafts, and amends governing documents for condominium associations and HOAs throughout Pinellas, Hillsborough, Manatee, Pasco, Lake, Orange, and Sarasota counties, and advises boards on Chapter 718 and Chapter 720 compliance as Florida law evolves.

Chapter 718 vs. Chapter 720: Which Statute Governs Your Documents?

Whether your community is a condominium or a homeowners' association determines which statute — and which set of default rules — applies to your governing documents.

FeatureCondominium (Chapter 718)HOA (Chapter 720)
Ownership structureUnit ownership + undivided interest in common elementsFee-simple lot ownership subject to covenants
Primary statuteF.S. 718.110 – 718.112 (documents & amendments)F.S. 720.301 – 720.306 (documents & amendments)
Reserve fundingStatutorily mandated structural/component reserves; SIRS required for buildings 3+ storiesReserves generally optional unless the declaration requires them or owners vote to fund
Official records response10 business days (F.S. 718.111(12))10 business days (F.S. 720.303(5))
Estoppel certificate deadline10 business days (F.S. 718.116(8))10 business days (F.S. 720.30851)
Fining authorityGoverned by declaration/bylaws + F.S. 718.303F.S. 720.305 fining-committee procedure

For a deeper side-by-side comparison, including elections and lien priority differences, see our Chapter 718 vs. 720 comparison page.

The Amendment Process, Step by Step

  1. 1
    Identify the amendment threshold in your existing documents

    Most declarations specify their own required vote — commonly two-thirds of voting interests, though this varies. The existing document controls unless it conflicts with a mandatory statutory minimum.

  2. 2
    Draft the amendment language

    Precise drafting matters: ambiguous or overbroad restrictions are a leading cause of unenforceable rules in litigation.

  3. 3
    Notice the membership

    Florida law and most bylaws require advance written notice of the meeting and the specific amendment language to be considered.

  4. 4
    Hold the vote

    Votes can often be obtained by written consent as well as at a meeting, depending on the declaration's own provisions.

  5. 5
    Certify and record

    Condominium amendments must be certified per F.S. 718.110 and recorded in the county's official records to bind current and future owners; HOA amendments follow a parallel recording requirement under F.S. 720.306.

MRTA: The 30-Year Expiration Risk

Florida's Marketable Record Title Act (MRTA) generally extinguishes covenants, restrictions, and other property-related provisions after 30 years unless the association records a proper Notice of Preservation before the expiration date. This is a genuine, recurring problem for older HOAs that were platted decades ago and never revisited their documents' MRTA status.

Practical risk: If a declaration's restrictions lapse under MRTA, an association can lose its legal basis to enforce architectural controls, use restrictions, and in some cases even assessment obligations, until the covenants are formally revived through the statutory process — a far more expensive and uncertain fix than timely preservation.

We review governing documents for MRTA exposure and prepare and record preservation notices before the 30-year window closes, along with broader "revitalization" work for HOAs whose covenants have already lapsed.

Drafting for Enforceability

Beyond amendments driven by a specific need, we periodically audit governing documents for boards proactively, looking for: outdated or missing rental-restriction language, fining and enforcement procedures that don't match current F.S. 720.305 or 718.303 requirements, ambiguous architectural review standards, and gaps in reserve-funding or SIRS-related provisions following recent post-Surfside legislative changes. Addressing these gaps before a dispute arises is significantly less expensive than discovering them mid-litigation.

A recurring problem we see in older document sets is language copied from a generic template decades ago that never accounted for Florida-specific statutory requirements, or that was drafted for a different type of community entirely. Rental restrictions are a common example: a declaration that is silent on minimum lease terms or caps on the number of rentals permitted at one time gives the board little to work with if short-term rentals become a problem, and retrofitting that restriction later requires a membership vote rather than a simple rule change. Similarly, architectural review standards that rely on vague terms like "aesthetically compatible" without objective criteria are difficult to enforce consistently and are more vulnerable to a selective-enforcement challenge.

Official Records and Document Availability

Governing documents are only useful to owners, prospective buyers, and title companies if they can actually be located and verified. Both Chapter 718 and Chapter 720 treat the declaration, articles, bylaws, and rules as official records that must be maintained and made reasonably available to members, and many associations are required to post key documents on a website or member portal once the community reaches a certain unit or lot count. We help boards confirm which documents are currently in effect — accounting for every recorded amendment — since a common and costly mistake is enforcing an outdated version of a rule that was superseded by a later amendment the board didn't realize was recorded.

When Covenants Have Already Lapsed: Revitalization

If an association discovers its covenants have already lapsed under MRTA, or were never properly extended, Florida's Homeowners' Association Act provides a covenant revitalization process that allows a community to revive expired covenants with membership approval and a filing with the Department of Economic Opportunity's successor agency. Revitalization is more involved and more expensive than timely preservation, typically requiring broader member organizing and a more detailed filing, which is why we recommend every older association confirm its MRTA status well before the 30-year mark rather than after a lapse is discovered.

Frequently Asked Questions

It depends on your declaration's own amendment provision, which controls unless it conflicts with a mandatory statutory rule. Many require two-thirds of voting interests; some set a different threshold. Read the existing document first rather than assuming a default.
Florida's Marketable Record Title Act generally extinguishes covenants older than 30 years unless the association timely records a preservation notice. Many older HOAs discover this only when a title company flags it during a sale.
Generally no for substantive declaration changes, which almost always require a membership vote. Narrow exceptions exist for scrivener's-error corrections and certain statutory updates, but these should be confirmed with counsel first.
Yes. Amendments must be recorded in the county's official records to be effective, and condominium amendments must also be certified per F.S. 718.110.
Chapter 718 governs condominiums (unit ownership plus common elements); Chapter 720 governs HOAs (fee-simple lot ownership subject to covenants). The chapters differ on amendment procedures, reserves, records access, and more.