Did You Know? The 2017 HOA Rule Changes Are Under Review—Here’s Why That Matters
Hey neighbors,
Last night’s HOA meeting included an important update from the Rules & Process Review Committee, presented by Sherry —and if you missed it, here’s a quick recap of what was shared.
Let’s rewind to 2017…
That year, two major rule changes were made, and the Committee is now raising questions about how those changes were implemented and communicated.
1. Changes to Voting Procedures
In 2017, proxy voting was removed and secret ballots were introduced.
While this may have seemed like a simple formatting change at the time, the Committee noted that our governing documents may require unanimous member consent to change voting rights—not just a majority of those present. Additionally, other procedures like special elections and nomination rules may have been affected.
2. Updates to Fine Limits
The same year, language was added that removed the cap on HOA fines for violations.
However, Florida law sets clear limits—$100 per day and $1,000 total per violation. The Committee noted that these updates may not align with state law and that they weren’t accompanied by the usual certification language seen in prior amendments.
Why This Matters:
- The process used to adopt these amendments is being closely reviewed.
- Homeowners may not have been fully informed of the scope of the changes.
- The Committee has raised concerns about clarity, transparency, and legal alignment.
What If You Were Fined After 2017?
The Committee encourages homeowners who were assessed fines to review their notices and reach out with questions. A recommendation was made to pause enforcement of these provisions while they are further reviewed.
Next Steps the Committee Is Recommending:
- Revisit voting procedures with full community input.
- Revise the fine policy to ensure it reflects current legal standards.
- Increase transparency in future communications.
- Obtain legal review before adopting any new amendments.
Want to Learn More?
We sat down with Sherry for a one-on-one interview where she shared more about the committee’s findings, what led to this review, and how residents can get involved.
Supporting Documents from the Rules & Process Review Committee
During the review process, committee member Sherry presented key documents highlighting the concerns and legal gaps discovered in the 2017 amendments. These documents provide context and evidence for the committee’s recommendations.
Click the link below to access the document:
- 1984 Declaration of Covenants and Restrictions – The original document establishing the HOA’s legal foundation.
- 1984 Articles of Incorporation – Formally creates the HOA as a nonprofit entity in Florida.
- 1984 HOA Bylaws – Outlines HOA procedures, including voting, meetings, and board governance.
- 2005 Declaration Amendment – Introduced lease restrictions but was improperly certified.
- 2017 Declaration Amendment – Added controversial fine and voting changes with questionable process.
- Certification Deficiency Addendum – Memo identifying the missing Secretary signature in the 2005 amendment.
- Board Advisory Memo – Article 9.02.4(C) – Explains risks and inconsistencies in the 2017 fine amendment.
- Board Advisory Memo – Article 5.02 – Advises that voting rights changes in 2017 may be invalid without unanimous consent.
- Amended and Resulting Rules Comparison – Redline document showing original vs. amended rules with legal commentary.
- HOA Amendment Compliance Matrix – Spreadsheet assessing whether each amendment complies with governing documents and state law.
Let’s work together to stay informed, stay united, and continue building a better future for Whispering Woods.
