Here’s yet another example of how the statutes governing condominium associations differ from those governing cooperative associations:
The members of a community association have just approved an amendment to the association’s bylaws. Exactly when does the amendment to the bylaws become effective?
Florida Statute Section 718.112(1)(b) provides that no amendment to the bylaws of a condominium association is valid unless properly recorded in the public records of the county where the declaration of condominium is recorded.
No similar provision exists in Chapter 719 of the Florida Statutes, which governs cooperative associations. Florida’s Department of Business and Professional Regulation correctly notes that the question of when an amendment to the bylaws of a cooperative association becomes effective is not addressed in Chapter 719.
However, F.S. Section 719.106(1)(h) requires that the bylaws of a cooperative association provide for the method for amendment "consistent with the provisions" of Chapter 719 and if the bylaws do not provide a method for amendment, this section contains the "default" method to be used.
Most of the bylaws of cooperative associations that I’ve either prepared or reviewed do provide for a method of amendment and also provide for an effective date, which is quite often the date that a copy of the amendment and a properly signed certificate which confirms that the bylaw amendment was adopted by the members at a membership meeting is recorded in the public records of the county where the community is located. This process is consistent with Chapter 719 and gives both unit owners and title examiners certainty as to the effective date of the bylaw amendment.
Thanks to the members of Mid-Florida ROC for their questions, comments and hospitality during my presentation at their meeting earlier this week at Country Club Manor in Eustis.
Our next community association seminar is scheduled for Tuesday morning, December 5, at Paradise Bay Estates in Bradenton. If your community is located in the area and you’d like to attend, please send an email to firstname.lastname@example.org or email@example.com. As always, there’s no charge for the event and you”ll have the chance to network and have some refreshments.
I’ll be posting the dates and locations of other upcoming seminars and presentations in my next blog entry.
I hope you enjoyed your Thanksgiving and look forward to seeing you soon!