Q: I live in a community with a Master Association (720 statutes). We have a sub condominium association (718 statutes). The MHOA is looking to rewrite the HOA’s governing documents. My question is, do the condo owners have a right to vote on the new documents, because they pay the HOA to use the amenities? Or, do only the homes and villas directly under the 720 statutes vote on the changes?
A: Section 720.306(1)(b), Florida Statues which governs HOAs provides that unless the governing documents or law provide otherwise the governing documents may be amended by the affirmative vote of two-thirds of the voting interests of the Association. So, the answer to your question depends on who the governing documents define as the “voting interests.” Sometimes the voting interests are the individual owners and sometimes is a voting representative who casts the sub-associations votes in a block.
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