Fla. Stat. § 723.078

Bylaws of homeowners' associations

bylawshomeowners-associationgovernanceboardmobile-home-park

Plain-English summary

Common Elements summary — Section 723.078 specifies what must be in the bylaws of a mobile-home-park homeowners' association: the form of administration, the qualifications, manner of election, removal, and compensation (typically none) of the board of directors, member meeting procedures and quorum requirements, the procedure for adopting or amending rules, financial accounting and budget procedures, and the procedure for amending the bylaws themselves. For park associations this section is the structural template. Bylaws that do not address one of the 723.078 elements are unenforceable as to that element, and the chapter's defaults kick in. The most common drafting mistake is borrowing condominium bylaws (built for 718) and slapping a 723 label on them. The two regimes have different vocabulary and different default rules. Bylaws should be drafted (or at minimum reviewed) by Florida counsel who actively practices Chapter 723.

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

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