Florida Community Association Manager Practice Exam

What must be filed with the Clerk of the Court for condominiums and HOAs?

1. Annual budget plans

2. Declaration of covenants and restrictions

3. Board meeting schedules

4. Neighborhood association bylaws

The correct answer is: Declaration of covenants and restrictions

To ensure proper operation and governance of condominiums and homeowners' associations (HOAs), the Declaration of Covenants and Restrictions is a crucial document that outlines the rules and regulations governing the community. This document typically stipulates what property owners can and cannot do with their property, the rights and responsibilities of members, and the enforcement mechanisms for violations. Filing the Declaration of Covenants and Restrictions with the Clerk of the Court is essential for several reasons. First, it provides public notice of the rules that govern the community, making them enforceable against all property owners within that community. This transparency helps prevent disputes and misunderstandings among residents regarding their rights and obligations. Additionally, the filing process serves to protect the interests of the association and its members by creating a legal framework that governs their collective dealings. While other documents like annual budget plans, board meeting schedules, and neighborhood association bylaws are important for the administration of the association, they typically do not require filing with the Clerk of the Court in the same way. These documents are often maintained internally and followed according to the association’s governance procedures. The Declaration stands out as a foundational legal document that must be recorded for the establishment and enforcement of the community's governance.