720.306 addresses amendments to governing documents, including several procedural requirements. The conundrum which has arisen following a recent change to Chapter 720 is whether board-made rules and regulations must be recorded in the public records. 720.306(1)(e) states, “an amendment to a governing document is effective when recorded in the public records of the county in which the community is located.” Several years ago, the definition of governing documents was amended by the legislature to add, “rules and regulations adopted under the authority of the recorded Declaration, Articles of Incorporation, or Bylaws and duly adopted amendments thereto.” It therefore follows that if rules and regulations are a governing document, 720.306(1)(e) would appear to require that it be recorded in order to be effective. Read the entire article……………………………….
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