Hierarchy Within Florida Community Associations
In Florida, community associations are governed by a set of rules and regulations that determine how the association operates. These rules create a hierarchy of authority, which helps to clarify what takes precedence when there are conflicts or disagreements.
At the top of this hierarchy are the Florida Statutes. These statutes provide the framework for community associations in Florida and cover everything from the formation and operation of the association to the rights and obligations of unit owners.
The next document in the hierarchy is the Declaration of Covenants, Conditions, and Restrictions (CC&R). This document is the primary governing document for the community association and outlines the rights and responsibilities of the association, unit owners, and board of directors. It also includes restrictions on the use of the property and common areas, as well as provisions for the assessment and collection of fees.
The Articles of Incorporation come next in the hierarchy. These legal documents establish the community association as a corporation under Florida law and provide information about the purpose of the association, the number of directors, and the procedures for electing directors.
After that, there are the bylaws, which are the rules and regulations that govern the internal affairs of the community association. They cover things like how meetings are held, how officers are elected, and other important business-related matters.
Finally, there are the rules and regulations, which are created by the board of directors to supplement the CC&R and the bylaws. These rules cover issues like the use of common areas, parking, and pets.
It’s important to note that if there is a conflict between any of these documents, the higher document takes precedence. For example, if there is a conflict between a rule adopted by the board of directors and the CC&R, the CC&R takes precedence.
Community Association Pyramid
As such, we have created the below pyramid which illustrates the hierarchy between governing documents in Florida Community Associations. Always remember that whenever any of the Community Association documents conflict with Florida Law, unless the law states otherwise, Florida Law always prevails.
Law Office of Ryan S. Shipp, PLLC and its team of Florida Community Association Attorneys are here to assist with all of your Florida Condominium and HOA needs. Call us today @ 561.699.0399 to see how we can assist. We are located in Lantana, Florida. We serve all 67 Counties representing homeowners against their Community Association(s) throughout the great State of Florida.
You may be interested in seeing some of our other legal posts on Florida Community Associations. For your convenience, please see links below.
Community Association Legal Blog Links