Page 9 - Boca ViewPointe - October '21
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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: info@bocapointe.com Judith Levy Elyse Weintraub Brown Steven L. Abrams
Website: www.bocapointe.com 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: www.gateaccess.net Dra. Milagros Gutierrez de Herrera Regulations
Harriet Rubin Barry J. Haberman
Staff
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
fsresidential.com. 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
$625,000
Updated
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
robin@bocahome.com 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
BocaRatonRealEstate.com Golinger at (561) 752-4922.
at 7 p.m. Please call membership coordinator Harvey