The Board of Directors has the Right to Adopt Reaso
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Last updated: Monday, November 12, 2007

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The Regulatory Council of Community Association Managers for the State of Florida, understand that not everything in the Declaration, Articles and Bylaws describe all the essential clarifications of an Association. Therefore the creations of the Rules & Regulations were made. Along with most Association governing documents, there should be an attachment called the Rules & Regulations. These Rules & Regulations (R&R’s) are usually initiated by the development company and passed on after turnover to the preceding Association.

In the rare case of document conflicts, the governing law shall take precedence. The order of priorities of laws and documents is as follows:

  • Federal Law (Constitution, Statute then Administrative Rules)
  • State Law (Constitution, Statutes then Administrative Rules)
  • City or Counties (Building & Zoning Codes, Ordinances and other applicable laws)

Community Association Documents:

  • The Declaration of Covenants Conditions & Restrictions (for Homeowners) or Declaration of Condominium
  • The Articles of Incorporation
  • The Bylaws
  • The Rules and Regulations (R&R’s)

The Association may also add reasonable rules and regulation for the operation and use of the common elements, common areas and recreational facilities serving the Association.

The rules adopted by the Board should only clarify, not modify the formal documents.

Example: if the documents allow for common use for the purpose of furnishing personnel property, the rules may establish reasonable times and days permitted, but cannot prohibit common use for these purposes.

To be valid or enforceable in a court of law, the Rules & Regulations should be reasonable within the scope and powers of the Board’s authority.

In most governing documents, the Board of Directors are responsible for the interpretation of the applicable documents. The interpretations are binding upon all parties unless wholly unreasonable. In most cases, if a legal counsel renders the interpretation to be reasonable, then the Board’s interpretation shall be valid.
These areas of clarification and interpretation can be critical and tricky. If any discrepancies arise to the Rule & Regulation change, the Association should consult with a Community Association Attorney.

Comments

1 comment
  1. Manotosh
    Saturday, May 9, 2015

    I have a very serious cocrenn about for the residents that live on Constitution St. in the alley. Twice this fall I have had to call EMS for my husband and both times they could not find us. They parked on Constitution near the park and only because I could hear them did I run out there to show them where to come in. There needs to be a bigger sign near the alley so people know Constitution ST. continues in the alley. A sign also at the end to the park between the brick house and the blue house with an arrow and numbers on it. As my husband is very ill and perhaps EMS will need to come again I would like to request the board to act on this urgent need. Please email and let me know the status.Thank YOUlJanet Vea 374 Constitution St.

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