Documents and Forms

This section is intended to help you better understand parts of the our HOA's Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and Bylaws. Note, some information is sourced from additional web sites. Please be aware that the Q and A's below are only a small portion of our CC&Rs / Bylaws. Below are links to the entire document(s).

Meeting Minutes, Agenda-Notices and Financials - Note: you will be leaving bellerivefoxhollow.com website and will need your login cridentials for the Management and Associates website.

What's the Difference Between Homeowners' Association (HOA) Bylaws and CC&Rs?

Learn the difference between an HOA's Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the Bylaws

Answer
The Declaration of CC&Rs is the legal document that lays out the guidelines for the planned community. The CC&Rs are usually recorded in the county records in the county where the property is located and are legally binding. When you purchase a lot or a home in a planned community, in most cases, you'll automatically become a member of the HOA.

Basically, the CC&Rs are the rules of your neighborhood. They govern what you can, can't, or must do with respect to your home. For example, the CC&Rs might require you to keep your garage door closed or prohibit certain types of landscaping. It's also typical for the CC&Rs to regulate things like:

  • basketball hoops
  • clotheslines
  • fences
  • TV antennas/satellite dishes, and
  • garbage cans.

If you don't abide by the CC&Rs, the HOA might impose penalties for any violations. (Learn more about Covenants, Conditions & Restrictions in HOAs.)

Source: www.nolo.com

Answer
An HOA, which is typically set up as a nonprofit corporation, is an organization established to manage a private, planned community. Like other corporations, the HOA is governed by a board of directors who are elected by the members and a set of rules called "bylaws."

The bylaws govern how the HOA operates and contain the information needed to run the HOA as a business. The bylaws cover matters including:

  • how often the HOA holds meetings
  • how the meetings are conducted
  • the duties of the various offices of the board of directors
  • how many people are on the board, and
  • membership voting rights.

If you're thinking about buying a home in an HOA community—or you already live in one—you should take the time to familiarize yourself with both the CC&Rs and the bylaws so that you're aware of any neighborhood restrictions and you fully understand how the community operates. If you have any questions about the HOA's governing documents and your rights, consider talking to a lawyer.

Source: www.nolo.com

Member and Board Meetings

Answer
(b) Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak. Notwithstanding any other law, meetings between the board or a committee and the association's attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors.

Source: Chapter 720 - Florida Homeowners' Association Act
Section: 720.303 Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.

Answer
(10) RECORDING.—Any parcel owner may tape record or videotape meetings of the board of directors and meetings of the members. The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership.

Source: Chapter 720 - Florida Homeowners' Association Act
Section: 720.306 Meetings of members; voting and election procedures; amendments.

Answer
(6) RIGHT TO SPEAK.—Members and parcel owners have the right to attend all membership meetings and to speak at any meeting with reference to all items opened for discussion or included on the agenda. Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member and parcel owner statements, which rules must be consistent with this subsection.

Source: Chapter 720 - Florida Homeowners' Association Act
Section: 720.306 Meetings of members; voting and election procedures; amendments.

Answer
The Bellerive Homeowners Association typically holds it Annual Meeting in January. All residents are encouraged to attend this meeting to participate in the election of new board members and to review/discuss the budget as well as bring up matters of concern or to make suggestions.

Answer
In short, Yes.

(d) If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition.

Source: Chapter 720 - Florida Homeowners' Association Act
Section: 720.303 Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.