Legal Question in Real Estate Law in Florida

florida homeowners assosiation law question

homowners assosiation Article of incorporation, decleration, bylaws question.

there is a conflict between our bylaws and the articles of incorporation. the bylaws say we can vote for board of director elections with a limited proxy. the articles say proxies are prohibited. but, in the bylaws is a section on conflicts. it says that ''in the event of any conflict, any florida state statute, the decleration, the articles, bylaws or rules and regulations of the assosiation shall govern, in that order''. with the conflict on the use of proxies we have will the state statures preside ofer all the governing documents as that is the state law?


Asked on 9/27/07, 4:52 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Florida homeowners association law question

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You need to meet with an attorney who can review your documents and then provide you with an opinion. Without reviewing the instruments, it is impossible to provide an answer.

Scott R. Jay, Esq.

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Answered on 9/28/07, 1:13 am


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