Question:
Can an amendment be made to the CC&R bylaws by a majority vote of the owners to change HOA fees to cover ins cost by sq footage of units instead of all the same? Can this be done by vote and changes then sent to the proper state office? I was told any changes to bylaws would require ALL to be re-written and would be cost prohibitive for 1 change.
– Susan
Answer:
Hi Susan,
In Florida, amending the Covenants, Conditions, and Restrictions (CC&Rs) or bylaws to adjust how HOA fees are calculated—such as basing them on the square footage of units rather than a flat fee—generally requires following the amendment procedures outlined in the governing documents. These documents typically specify the percentage of owner votes required to approve an amendment. A majority vote may be sufficient, but some governing documents require a supermajority (e.g., 67% or 75%) for amendments related to financial matters, such as HOA fee structures.
According to the Florida Condominium Act Section 718.110, “If the declaration fails to provide a method of amendment, the declaration may be amended as to all matters except those described in subsection (4) or subsection (8) if the amendment is approved by the owners of not less than two-thirds of the units.”
After voting and passing, the changes can be adopted. After the vote, the HOA board must ensure the amendment is formally documented and recorded with the appropriate county clerk or recorder’s office, as required by Florida law. While the amendment process may involve legal and administrative costs, it is not typically necessary to rewrite the entire CC&Rs or bylaws for a single change. Instead, the amendment can be incorporated as a specific section or clause without overhauling the entire document.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
