Question 1

What Laws Govern Florida Homeowners Associations?

Accepted Answer

The Florida Homeowners’ Association Act (https://www.hopb.co/florida-homeowners-association-act-chapter-720)(HAA), Fla. Stat. §720.301, et. seq., governs the formation, management, powers, and operation of HOAs in Florida. The law specifically applies to not-for-profit organizations operating residential homeowners associations in Florida. Fla. Stat. §720.302(1).(http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.302.html)

The Non-Profit Corporation Act (https://www.hopb.co/florida-hoa-law-guide#non-profit)requires Florida Homeowners Association to be Incorporated as Non-Profit organizations, Fla. Stat. §7(http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.302.html)18.111(1)(a).(http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0718%2FSections%2F0718.111.html)

The federal Fair Housing Act (FHA) (https://www.hopb.co/florida-hoa-law-guide#fha)protects selected classes from housing discrimination (race, color, religion, sex, familial status,  national origin and disability) 42 U.S.C. §3604.(https://www.govinfo.gov/content/pkg/USCODE-2015-title42/html/USCODE-2015-title42-chap45-subchapI-sec3604.htm)

The Americans With Disabilities Act (ADA) (https://www.hopb.co/florida-hoa-law-guide#ada)prohibits discrimination against disabled persons. HOAs must make “reasonable accommodation” to allow individuals with disabilities access to the common facilities.

The Fair Debt Collection Practices Act (FDCPA) (https://www.hopb.co/florida-hoa-law-guide#fdcpa)does not regulate HOAs, but does regulate third parties seeking to recover debts on behalf of an HOA (eg. a law firm).

A few other Federal Laws (https://www.hopb.co/federal-laws)also have some impacts on HOA rules and operations.
Legal information courtesy of Homeowners Protection Bureau, LLC.(https://www.hopb.co/florida-hoa-law-guide#hoa)

Question 2

What are the Governing Documents of the HOA?

Accepted Answer

"When a Homeoowners Association is formed a non-profit corporation is created to run it. The association files documents with the state called the Articles of Incorporation which detail the purpose of the organization and how its directors are elected.

The original land developers will create the Covenants, Conditions, and Restrictions (CCRs) to keep the neighborhood safe and well-maintained, and to protect property values. They ensure a certain standard of life so all owners and residents are given the same rights and privileges and held equally accountable. Any changes to these rules, Amendments, requires the vote of the homeowners themselves.

The By-Laws primarily control how the Board of Directors operate: how they are elected, their duties, meetings, and voting procedures.

The Board of Directors, fulfill their duties under the rules governing them in the By-Laws. They create more specific Rules for the community within the scope of their powers as outlined in the Covenants."

Question 3

Can I opt out of HOA membership?

Accepted Answer

No. Membership in the HOA is mandatory by state law. When you buy a home that is part of an HOA, you automatically become a member of the HOA.

HOA rules are legally binding, and you must adhere to all rules and regulations in the governing documents.

Question 4

How do I know if something is a Master HOA issue or a Plat HOA issue?

Accepted Answer

The Plat HOAs oversee sub-divisions of Cypress Lakes that contain homes.  Anything to do with your house, your yard or the street in front of your house is a Plat issue.

Masters HOA oversees the community as a whole.  Anything to do with the entrance gate, the recreational buildings and facilities, the internet and television services, the irrigation system, the lakes and the road circling the community (Cypress Trail) are Masters issues.

Question 5

What defines a 55 plus community?

Accepted Answer

55 plus communities are regulated by federal and state laws.

Federal Register 24 CFR Part 100 (https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100)

and

section 760.24-760.37 (4a), Florida Statutes (https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.29.html)

For a community to be considered "housing for older persons" as a 55+ community, the housing must be intended and operated for occupancy by persons 55 years of age or older and meet the following requirements:

1. At least 80% of the occupied units are occupied by at least one person 55 years of age or older.
2. The facility or community publishes and adheres to policies and procedures that demonstrate its intent to in fact be a provider of housing for older persons.
3. The facility or community complies with rules established by the U.S. Department of Housing and Urban Development (HUD) for verification of occupancy.

It does NOT mean that 80% of all the people living in the community must be 55 years or older.

That said, you may see many people around who are not 55 years old.  They are living in the same household with someone that IS 55 years old.

CYPRESS LAKES

West Palm Beach

COMMUNITY POSTINGS

Spring Wreathmaking - March 24

Event

Free Board Member Classes

Free

Christian Club Game Night - Feb 24

Event

Mini Golf Tournament - Feb. 11

Event

Healthy Living Expo - Feb. 6

Event

Child Car Seat Sought for Feb.

Wanted

Contemporary King Bedroom Set - Price Reduced

For Sale

2026 Men's Golf Club Championship - Jan. 30-31

Event

Bathroom Remodel Suggestion Sought

Wanted

Pool Deck Umbrellas

Ask the Manager

Strength Training Class schedule

Event

Missing Golf Cart Curtain

Wanted

CYPRESS LAKES MASTER HOMEOWNERS ASSN

3445 Cypress Trail
West Palm Beach, FL 33417

(561) 471-8765

email to: cypresslakesofficial@gmail.com

CONTACT US

The mission of the Cypress Lakes website is to provide current and accurate information and media resources for all residents and to promote a sense of community.
And secondarily, to meet all statutory regulations.

CYPRESS LAKES

West Palm Beach

COMMUNITY POSTINGS

Spring Wreathmaking - March 24

Event

Free Board Member Classes

Free

Christian Club Game Night - Feb 24

Event

Mini Golf Tournament - Feb. 11

Event

Healthy Living Expo - Feb. 6

Event

Child Car Seat Sought for Feb.

Wanted

Contemporary King Bedroom Set - Price Reduced

For Sale

2026 Men's Golf Club Championship - Jan. 30-31

Event

Bathroom Remodel Suggestion Sought

Wanted

Pool Deck Umbrellas

Ask the Manager

Strength Training Class schedule

Event

Missing Golf Cart Curtain

Wanted

CYPRESS LAKES MASTER HOMEOWNERS ASSN

3445 Cypress Trail West Palm Beach, FL 33417 (561) 471-8765 email to: cypresslakesofficial@gmail.com

CONTACT US

The mission of the Cypress Lakes website is to provide current and accurate information and media resources for all residents and to promote a sense of community. And secondarily, to meet all statutory regulations.

3445 Cypress Trail
West Palm Beach, FL 33417

(561) 471-8765

email to: cypresslakesofficial@gmail.com

The mission of the Cypress Lakes website is to provide current and accurate information and media resources for all residents and to promote a sense of community.
And secondarily, to meet all statutory regulations.