Section 720.306(1)(e) of the Florida Statutes recently amended to go into effect on July 1, 2018 requires that an amendment to any of the “governing documents” is effective when it is recorded.
The HOA statutes were amended a few years ago to define “governing documents” to include rules and regulations.
Thus, any rules promulgated by the Board going forward must be recorded which is a new rub to rulemaking and comes with an (albeit small) cost. HOA Boards are encouraged to record their rules as soon as possible as there is some argument that the rules may be enforceable if not recorded per this new statutory language; although no known case law exists at this time on the issue.
If you need a Boca Raton HOA attorney or are an HOA in Palm Beach or Broward counties, contact us today to discuss your specific situation at 754-900-1529 or firstname.lastname@example.org