Amendments to governing documents

Common Elements summary — Section 720.402 confirms that amendments to a Florida HOA's governing documents are effective only when recorded in the public records of the county where the community sits. The recording requirement applies to amendments of the declaration, articles, and bylaws — anything that purports to bind successor owners. The section also requires that the recorded amendment identify the book and page (or instrument number) of the original recorded document being amended, and that the amendment be certified by the association's president or vice president and attested by the secretary. For boards: unrecorded amendments are the most common chain-of-title defect in Florida HOA practice. A board votes to amend a use restriction, distributes the new restriction to owners, and enforces it for years — only to lose an enforcement action because the amendment was never recorded. Build a calendar reminder for "record the amendment" the day after any membership vote on a governing-document change, and have association counsel handle the recording as a routine matter. The recording fee is under $200; the cost of losing enforcement authority is unlimited.

Not legal advice. Click through to the official source for statutory text.