HOA Member Rights

What rights does a member of the Wellington Homeowners Association have? 

There are four sources of "rights" that a homeowner has in a homeowners association such as Wellington. In order of priority they are:

1. Florida Statutes (FS)

2. Declaration of Covenant, Conditions, and Restrictions of Record (DCCR)

3. Articles of Incorporation (AOI)

4. Bylaws of the Association (BL)

FLORIDA STATUTES: The FS give the following rights to members of a HOA:

a. The right to attend directors meetings and speak to any agenda item.

b. The right to receive notice of all directors meetings at least 48 hours in advance of the meeting.

c. The right to s secret vote for directors at all membership meetings (in person or by proxy).

d. The right to demand that an item be placed on the agenda of a board meeting. (Requires a vote of 20% of all voting interests, whether present or not).

e. The right to recall any director. (Requires a majority vote of all voting interests, whether present or not).

f. The right to fly the U.S. flag.

g. The right to file a suit to appoint a receiver for the HOA in the event there are not enough directors on the board to constitute a quorum.

h. The right to inspect and copy the official records of the HOA.

DECLARATION OF COVENANTS, CONDITIONS, and AND RESTRICTIONS OF RECORD: The DCCR gives the following rights to members of a HOA:

a. The right to approve a sale, lease, transfer or dedication (i.e. alienation) of common grounds. (Requires a vote of 2/3s of all residents, whether present of not).

b. The right to amend the DCCR. (Requires a vote of 2/3s of all voting interests, whether present or not).

c. The right to approve/disapprove a general assessment in excess of 15% of prior general assessment. (Requires a vote of 2/3s of those present in person or proxy at a meeting).

d. The right to approve/disapprove a special assessment for a capital improvement. (Requires a vote of 60% of voting interests present at a meeting: also requires that a quorum be 1/3 of all voting interests instead of 25% of all voting interests).

e. The right to submit a dispute between a member and the board to binding arbitration pursuant to the rules of the American Arbitration Association. (Costs are equally shared).

ARTICLES OF INCORPORATION: The AOI give the following rights to members of the HOA:

a. The right to approve/disapprove the dedication or transfer of common property of the HOA. (Requires a vote of 2/3s of those present).

b. The right to approve of the association’s borrowing of money. (Requires a vote of 2/3s present).

c. The right to amend the AOI. (Requires a vote of 2/3s of those present).

BYLAWS: The BL give the following rights to members of the HOA:

a. The right to receive notice of, attend, and speak at the annual membership meeting.

b. The right to call a special meeting of members. (Requires a vote of a majority of all voting interests, whether present or not).

c. The right to remove a director. (Requires a vote of a majority of all voting interests).

d. The right to elect directors. (Requires a plurality).

e. The right to amend the bylaws. (Requires a vote of 51% of voting interests present).

NOTE: A "voting interest" is, in essence, a lot. Each lot, regardless of how many may be "on the title’ has one vote.