THe Basics

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•   What is a homeowners’ association (HOA) and what is the purpose? 
• An HOA is a covenant community organized to institute and maintain certain standards. 
• Members: 1) record owners of the lots, 2) every owner of a lot is a member of the HOA, and 3) membership cannot be separated from any lot. 
• HOAs and condominium associations (CAs) are governed by separate chapters of the Florida Statutes. HOAs are covered by Chapter 720 of FL Statutes, while CAs are covered by Chapter 718. 
• In an HOA, Chapter 720 is top of the hierarchy when there are questions as to validity of regulations, followed by Articles of Incorporation, Bylaws and Covenants, and additional Rules and Regulations, in that order.
• The HOA is managed by a Board of Directors whose main duties, in a nutshell, are to manage the affairs of the HOA. The Board of Directors (Board) is comprised of directors, and some directors are also selected as officers by the board. However, whether they are officers or directors without a designated office, they are all directors whose votes on motions carry equal weight.

The board of directors and the officers are not two separate groups; instead, the officers are a subset of the board. After homeowners elect directors at the annual meeting, the newly formed board convenes to appoint officers from among its own members. This selection is done by a majority vote of the directors during an organizational meeting held shortly after the election.(legalclarity.org)

• Bernath directors serve three year terms, as defined by the Bylaws. Once elected, their three year term begins, whether they become officer or remain “directors-at-large”. At the end of the three-year term, they are to seek re-election to office if they so choose. There is no perpetually-serving class of director. 
• The authors of our Bylaws set the terms as such that directors may not switch between “director-at-large" and officer, and vice versa, in order to prolong their service. This section of the Bylaws is succinct in words.

Rights of Members

HOAs are known to have many restrictions, but members are also enabled with many rights. These rights often get lost in the mix given the sheer number of rules and regulations. This is a quick summary of some of your rights. 

• · Right to attend all meetings  With the exception of those meetings where sensitive matters are discussed, as well as those that involve attorney client privilege, members have a right to attend all meetings of members, directors, and committees, and all such meetings shall be properly noticed to the members.
• · Right to record meetings Members may record meetings as long as they follow reasonable rules that may have been previously adopted by the board.
• · Petition for meetings A request for a subject to be discussed at a meeting can be petitioned by 20% of the voting members/lots. Meetings must be held within 60 days of notification of the board, whether it be a meeting called specially for the purpose of that particular subject, or if the subject item is added to the agenda of the next called meeting. 
• · Speak at meetings Members must be allowed to speak for up to three minutes on topics covered at all meetings. Reasonable rules may be adopted by the board as to the frequency and duration of remarks by members. 
• · Other rights include, but are not limited to, rights by members with legal standing to dispute elections, as well as the right to recall directors.