Can a Board of Directors in an HOA levy fines or make rules as to fines for violations through resolution without members voting when its CC&Rs or Bylaws are silent in the State of Florida?
by 
Anonymous
ANSWERS: 2
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The fact that the recorded covenants, restrictions and by-laws do not outline the new regulations does not mean the board can not impose new rules. Florida Statutes state the Board may impose rules and regulations to govern common properties in their HOA's as long as they are equitable (not favorable to any one set of residents) in nature and not against any Statute that governs Florida's HOA's. Only documents that are stated only amendable by Membership are off limits to the Board.
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They cannot make up rules that are not filed with the state. The bylaws cannot be changed unless the whole community voted upon with a certain percentage stated in the bylaws. Get a copy, request it. You have the right. Also go to the state site and copy the state statutes. Knowledge is power. The board cannot make up things as they go along to suit their own needs or likes, they are an extension voted upon by the community to be fiscally responsible, for what the community wants,and should make sure the home owners know everything they are doing and be transparent with all information.
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