The Imposed Fiduciary Relationship to Members 

The statute explicitly mandates that the officers and directors of an association stand in a "fiduciary relationship" to the members whom they serve. This legal relationship is paramount, requiring that the governance body act with utmost loyalty and trust, consistently placing the interests of the association members above any personal interests.

Florida HOA Amendment Rules – Explained Simply

Florida law gives homeowner associations (HOAs) their powers and responsibilities under Statute §720.303.
The rules for changing or amending an HOA’s governing documents — like the bylaws — are mainly explained in Statute §720.306 and in the HOA’s own recorded documents.

Below is a plain-language summary of what’s required when an HOA wants to change its bylaws.

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1. Voting Rules for Changes

Before any bylaw change becomes official, homeowners must vote on it.

• Default rule: Unless your community’s documents say otherwise, changing the bylaws requires approval from two-thirds (2/3) of all voting members in the association.

• Member participation: The vote usually happens at a meeting where a majority of homeowners are present, either in person or by proxy.

• Homeowner approval: Changes can’t take effect unless members are given a chance to review and vote on them.

2. Quorum for the Meeting

A minimum number of homeowners must take part in the meeting to make the vote valid.

• Default quorum: Unless your bylaws set a lower number, at least 30% of all homeowners must be represented (in person or by proxy) at the meeting before any vote can take place.

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3. Notice and Meeting Requirements

Homeowners must be properly informed before any vote to change the bylaws.

• Advance notice: The HOA must give at least 14 days’ written notice before the meeting.

• What’s in the notice: The notice must clearly state that the meeting will cover proposed bylaw changes and include the exact topics or wording being voted on.

• How notice is given: Notices can be mailed or posted in a visible place within the community. Email notices are allowed only if a homeowner has agreed in writing to receive notices that way.

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4. Special Rules for Major Changes

Some changes require even stronger approval, especially those that affect property rights or financial responsibilities.

• Major impact changes: If an amendment changes how much each homeowner pays for shared expenses, alters voting power, or affects ownership rights, the HOA usually needs specific consent from the affected owners.

 

5. Recording and Sharing the Approved Changes

Once the members approve a change, the HOA must follow a few final steps.

• Recording: The new bylaw amendment must be filed with the county public records within 30 days of approval.

• Sharing copies: Within 30 days after recording, the HOA must give each homeowner a copy of the amendment.

• Alternative notice: If homeowners already received the proposed version before the vote and it didn’t change, the HOA can simply send notice that it was adopted — including where it’s recorded and how to request a free copy.

• Recordkeeping: The HOA must keep proof that the amendment was shared with members in its official records.