The Villas II at Heritage Cove Association· Florida
Our initial scan found 1 potential issues in your governing documents.
We checked the 1 public PDF on The Villas II at Heritage Cove Association’s website against current Florida and federal HOA law—and more issues may exist depending on the documents you load.
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Corporate Governance, Open Meeting, Director Removal, Election Integrity, or Recordation Defect: Clause violates FL statutory requirements governing open board meetings, email voting, member removal of directors, independent election inspectors, bylaw amendments, or rule recordation.
Operative Clause · Sec. 3.5 (Page 9)
“A member may waive the right of secr”
Why It’s Flagged
Fla. Stat. Ch. 617 (Not For Profit Corporation Act); Fla. Stat. Ch. 720 (Homeowners' Association Act)
Under Fla. Stat. Ch. 617 (Not For Profit Corporation Act).
Fla. Stat. Ch. 720 (Homeowners' Association Act) and Restatement (Third) of Property (Servitudes) §§ 6.10–6.14, associations must conduct board business in open noticed meetings (prohibiting non-emergency email voting or overbroad executive sessions), preserve member rights to remove elected directors with or without cause, appoint independent election inspectors, record rules/amendments where required by state law, and comply with marketable-title covenant renewal statutes.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Amend Section 3.5 to align board open-meeting and executive-session rules, director removal procedures, special meeting thresholds, proxy/ballot rules, and covenant/rule recordation with Fla. Stat. Ch. 617 (Not For Profit Corporation Act).
2Fla. Stat. Ch. 720 (Homeowners' Association Act).
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