FL Chapter 617 vs. FL Statue 720

Started by BillG6 • 2 replies • 1985 views

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BillG6 (Florida)
Posts: 41

Posted:

We are a 795 mobile home community. The homeowners own their land (platted lots). Additionally, we have common areas consisting of many ammenities (pool, tennis, golf, etc.). The Articles of Incorporation state we were organized under Chapter 617, 30-plus years ago. However, I've been under the impression we are governed by Statue 720 as a HOA. Can someone please help me understand the difference?? Thank you~

DonnaS (Tennessee)
Posts: 5,671

Posted:

Bill,
This is an easy one. Chapter 617 is the NOT FOR PROFIT CORP Statutes under which your corporation is registered. Free standing home developements, Condos, Villas, 55+ communities and Mobile home associations are all registered with the State under these Statutes.

You are governed as a Home Owners Association under Statutes 720, which are the guidelines and rules for running your association with things such as elections, Boards, assessments, meetings and every other matter which you need for day to day operation of the association.If you read bot 617 and 720, you will see that they cross reference each other.

When the Developer applys for incorporation of an association, he applys to 617. His Articles of Inc. and whatever items he writes into his CC&Rs and Bylaws, must not contradict 617 and 720. When you make any changes thru amendments, both must also be non contradicting.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Bill,
As a footnote to my above post, because your association is more than 30 years old, originally there was only Statutes 617 for all Not for Profit Corps and 718 for condos . In 2000, the wise State decided to give some additional help to all of the HOAs that were cropping up. They wrote and enacted the 720 so if you saw no addressing of S.S 720 before 2000, that is the reason.

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