Page 9 - Boca ViewPointe - October '21
P. 9

October 2021                                                     Viewpointe, Page 9

                    Boca Pointe Community Association, Inc.                                                 New Laws

              6909 SW 18th St., Suite A120  A special Thank You to our monthly volunteer contributing writers
                 Boca Raton, FL 33433                                                                       Affecting HOA
          Office (561) 395-7551 Fax (561) 395-5936  Steve Handwerker  Anne Gannon  Peter Sachs
              Email:    Judith Levy     Elyse Weintraub Brown Steven L. Abrams
              Website:   Dr. Ronald J. Meyers Helen Karpel  Arthur Dermer
        Access Control                      Lisa Sileo      Hillary Reynolds   Alan Arnold                  Rules And
        Operator: (561) 395-3392            Rayna Becker    Oris Martin        William A. Gralnick
                                            Halli Moore
                                                            Robert Weinroth
        Voice mail system: (561) 395-3369   Harold Katz     Justin Mocha       Mark Nelles
        Website:                                            Dra. Milagros Gutierrez de Herrera  Regulations
                                            Harriet Rubin   Barry J. Haberman
        Kathleen O’Donovan, General Manager
        Lisa Cammaleri, Assistant Manager                                                                      As you may be aware, several changes were made
        Yvonne Rivera, Administrative Assistant                                                             to both Chapters 720 and 718, Fla. Stats., in the 2021
        Justin Mocha, Director of Security     The views of the writers of the various articles in this newspaper do not   legislative session. Among the many changes in Chapter
                                            necessarily reflect the views of the Boca Pointe Community Association.   720, Fla. Stat., was the removal of Rules and Regulations
          Viewpointe of Boca Pointe is the newspaper   The Association nor the individual writers are not responsible for claims or   from the definition of “Governing Documents.”
        of Boca Pointe Community Association, Inc.   promises contained in any advertising material appearing in the Viewpointe.
        Please  direct  all  questions,  comments  or   Such claims and promises are the sole responsibility of the individual   Previously, “Governing Documents” were defined in the
        articles for Viewpointe to lisa.cammaleri@  advertiser.                                             Homeowners Association Act to include the Declaration                                                                                  of Covenants, Bylaws, Articles of Incorporation and
                                                                                                            Rules and Regulations. This was very important for many
                                                                                                            reasons, including the fact that amendments to Governing
                                                                                                            Documents are required by law to be recorded in the
                                                                                              ª             public records. Therefore, for the last several years, we
                                                                                                            have been advising clients that even changes to the Rules

                                                                                                               With this new change in the law, amendments to
                                                                                                              and Regulations are required to be recorded.
                                                                                                            the Rules and Regulations no longer are required to be
         Two Boca Raton Offices: 151 N. Ocean Blvd. • 21073 Powerline Rd. #63                               recorded in the public records. There is no prohibition
                                                                                                            from doing so and we sometimes recommend recording
        “dedicated to Results”                                              SOLD 7917 Travelers Tree Dr.    changes to the Rules. This puts the world on record
                                                                                                            notice of the changes in the Rules and Regulations
                                                                            SOLD 4776 Sierra Lane
                                                                            SOLD 22991 Clear Echo Dr, #86   over time. However, the removal of the Rules and
          Boca Pointe Resident & equity MeMBeR                              SOLD 23291 FeatherPalm Ct.      Regulations from the definition of “Governing
                                                                            SOLD 22652 Esplanada Circle W.
                                                                            SOLD 7675 Via Grande            Documents” has some additional consequences.
                                                                                                               For example, under Section 720.305, Fla. Stat., a
                                                   SOLD                     SOLD 7880 Travelers Tree Dr     homeowners association may levy fines in an amount not

                                                                            SOLD 6670 Villa Sonrisa
                                                                            SOLD 7647 Cinebar Dr. #24U
                                                      Caravelle             SOLD 7460 La Paz #106           to exceed One Hundred ($100.00) Dollars per violation
                                                                                                            and One Thousand ($1,000.00) Dollars in the aggregate
                                                     3/3 2 car garage       SOLD 7379 Panache Way           for a continuing violation, unless the “Governing
                                                                            SOLD Boca Glades
                                  Selling all          $595,000                                             Documents” provide otherwise. The previous years since
                                   of Palm                                  juSt LiSteD                     the Rules and Regulations were included in the definition
                                   Beach &            SOLD                                                  of Governing Documents, we have been advising clients
                                   Broward                                      penDing                     that they may increase the amounts that can be levied
                                    County                                                                  for fines in a homeowners association through Board
                                                      MerIDIaNa                                             adopted Rules and Regulations so long as such rules did
                                                3/3 1 Car Garage. Stunning!        CoSta Brava              not conflict with a superior provision in the Declaration,
                                                                                                            Articles of Incorporation or Bylaws. However, now,
         Ilene Polito                             penDing                         4 bdrm /3.5 Baths         since the “Governing Documents” no longer include
                                                                                     2 Car Garage
                                                                                                            Rules and Regulations, any such authority to charge
                                                                                   Great Floor Plan
         (561) 302-6669                               PaNaCHe                       Master down             fines  in  a  higher  amount  than  the  above  referenced
                                                                                                            thresholds must either be in the Declaration, Articles
         ILENE@BOCAHOME.COM                            $460,000                                             of Incorporation or Bylaws, and may no longer be
                                                                                                            contained in the Rules and Regulations.
                                                                                                               It is important to point out that these changes apply only
         Dedicated to Results                     SOLD                            SOLD                        to homeowners associations. Condominium associations,
            I make you feel right at home                                           Caravelle               under Chapter 718, Fla. Stat., have never been required
           because customer satisfaction                                           3 Bdrms + Den            to record amendments to the Rules and Regulations.
               IS my highest priority!               Caravelle                  2 Car Garage $595,940       The term “Condominium Documents” in Chapter 718
                                                 3/3 Updated $585,000             Golf Course view          includes the Declaration of Condominium, Articles of
                                                                                                            Incorporation and Bylaws, but never included the Rules
                                          tiMe FOr a CHange?                                                and Regulations. Further, under Section 718.303, Fla.
                                                                                                            Stat., a condominium association cannot charge a fine of
                                nOW iS a great tiMe tO SeLL!                                                more than One Hundred ($100.00) Dollars per violation or

                          paSSiOnate aBOut tHe SOutH FLOriDa LiFeStYLe, rOBin                               One Thousand ($1,000.00) Dollars in the aggregate for a
                                                                                                            continuing violation regardless of whether such additional
                         SpeCiaLiZeS in BOCa pOinte anD tHe SurrOunDing area.                               authority is contained in the condominium documents.
                                                                                                               As such, it is important to note that associations
                                                                 SOLD   6676 Quiet Wave traiL 55            should consult with counsel when adopting Rules and
                                                                                                            Regulations to make sure all of the statutory requirements
                                 juSt SOLD                       SOLD   11880 SW SaiLFiSH iSLeS WaY         are met and to determine whether or not such Rules and
                                                                 SOLD   7508 La paZ, apt. #202
                                                                                                            Regulations should be recorded. In addition, before
                                                                 SOLD   11648 paMpLOna BLvD.
                                                                                                            levying fines for violations, it is important for both
                                                                 SOLD   7659 CineBar Drive
                                                                 SOLD   7635 CineBar Drive                  homeowners associations and condominium associations
                                                                                                            to be aware of statutory limitations and to decide whether
                                        6234 Brava WaY,          SOLD   7890 BLaCK OnYX Lane                or not there is a need to amend homeowners association
                                       SOLD at $625,000          SOLD   23265 MiraBeLLa CirCLe n            documents to provide additional authority.
        Robin Donegan               2BA, plus loft located on a private cul-  SOLD   6601 HaWaiian avenue
                                     Two-story, single family home, 3 BR,
        REALTOR                     de-sac with a beautiful private pool and   SOLD   7233 prOMenaDe #302      Sachs Sax Caplan, P.L., Peter S. Sachs 
                                     patio perfect for outdoor dining and
        (561) 451-6615               relaxation, located in Costa Brava of   SOLD   7872 SeviLLe pLaCe #2404
                                             Boca Pointe                         COMMitteD tO prOviDe OutStanDing                            Stamp and Coin Club
         i have developed a team of                          reaL eState ServiCeS.

       professionals ready to assist:                CaLL rOBin tODaY FOr a MarKet                             Boca Raton Stamp & Coin Club asks you to start
                                                    anaLYSiS OF YOur HOMe’S vaLue.                           a new hobby.
        o  PROFESSIONAL HOME STAGERS                                                                           Visit with us at the Stratford Courts Auditorium
        o  MORTGAGE LENDERS                                   (561) 451-6615                                 located at 6343 Via Sonrisa del Sur, off S.W. 18th
        o  HOME INSPECTORS                                                                                   Street, between Powerline Road and Military Trail.
        o  BUILDING/RENOVATION CONTRACTORS                                                                     We meet the second and fourth Thursday each month
                                                                            Golinger at (561) 752-4922. 
                                                                                                             at 7 p.m. Please call membership coordinator Harvey
   4   5   6   7   8   9   10   11   12   13   14