The Florida Homeowners’ Association Act (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. §720.301.

The Florida Not for Profit Corporation Act requires Florida Homeowners Association to be Incorporated as Not-for-Profit Organizations, Fla. Stat. §617.

The federal Fair Housing Act (FHA) protects selected classes from housing discrimination (race, color, religion, sex, familial status, national origin and disability) 42 U.S.C. §3604.

The Americans With Disabilities Act (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) 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 also have some impacts on HOA rules and operations.

Legal information courtesy of Homeowners Protection Bureau, LLC.

"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."

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.

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.

55 plus communities are regulated by federal and state laws.

Federal Register 24 CFR Part 100

and

section 760.24-760.37 (4a), Florida Statutes

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.

Every two years, each 55 plus community is required by law to take a census to verify compliance with the age requirement.