Every Member of an Association's Board of Directors should educate themselves about the laws governing their Association.  They should be familar with the requirements of Florida Statutes and,  at a minimum, they should know what the assocation's governing documents are, and the purpose for each document. 

FLORIDA STATUTES

Community Associations are creatures of Statute.  Therefore, it is the legislature who in the end mandates what associations can or can’t do. However, the Florida legislature has given Associations great latitude to regulate themselves through the Association’s governing documents.  They should be viewed as a baseline for what Association must do and as a default mechanism to address those issues that are unclear or simply not address in the Association’s governing documents. 

The relevant statutes are as follows:

• Florida Statutes Chapter 718, commonly known as the Florida Condominium Law Act
• Florida Statute Chapter 719 commonly known as the Florida Cooperative Act
• Florida Statute Chapter 720 - Homeowner’s Associations
• Florida Statute Chapter 721 commonly known as the Florida Vacation Plan and Timesharing Act 

The Declaration of Condominium (and the Declaration of Covenants for Homeowner’s Associations) will cover all issues regarding the more substantial aspects of unit owner and association rights and responsibilities. The declaration will address issues such as who maintains what, who insures what, what happens when there is a casualty, easements, lease restrictions, sale restrictions, common expense sharing, and voting rights. 

Cooperatives do not have a Declaration.  Instead, the Proprietary Leases sets forth basic ownership rights and responsibilities. 

ARTICLES OF INCORPORATION 
(ALSO KNOWN AS CERTIFICATE OF INCORPORATION OR CHARTER)

The Article of Incorporation establishes the existence of the Association as a Corporation.  It will typically include the corporation’s purpose, the names of the founding board of directors and the rights and obligations of its members.

RULES AND REGULATIONS
The Rules and Regulations address issues such as parking, use of common areas, pet policies, etc.

WOODSIDE VILLAGE CONDOMINIUM ASSOCIATION, INC. v. JAHREN
806 So.2d 452 (Fla. 2002)

The Florida Supreme Court held in Woodside v Jahren that unless it can be demonstrated that a rule/restriction, in and of itself, violates public policy or an individuals constitutional rights, the rule will be upheld.  The court reasoned that restrictions simply come with the territory of condominium ownership and therefore, the persons acquiring units in condominiums are on constructive notice of the restrictions that exist at the time of purchase and that the restriction may later change. 

Simply put, so long as the Association follows proper rule making or amendment procedures, the Association has the power to enact just about any rule it wants. 

PRACTICAL TIPS FOR THE BOARD

• Boards should educate themselves about the laws governing their Association.
• Boards should know their Association’s governing documents.  At minimum, they should know the purpose of each the documents.
• Boards should understand their fiduciary responsibilities and take them seriously.
• Board members have an obligation to act in the best interest of the people they represent rather than only themselves
• Boards should act against owners (or renters) who breach the Association’s documents. 
• Boards should not be law enforcers. If laws are broken, call the police to handle the situation. 
• Boards should not become involved in matters concerning chronic medical and mental health problems.
• Boards should consult with the Association’s attorney when disputes or legal questions arise.