Legal Question in Real Estate Law in Florida

You have several questions here. First, you need to properly define the documents.

There would be (1) the Declaration of Covenants; (2) Articles of Incoproration and (3) Bylaws. In addition, there may be board-enacted rules, which is what you suggest.

1. Can BOD create and amend rules without holding a vote from all members or a meeting?

The answer is yes, the board can create and amend board rules if the authority to do so is in the Dec or can reasonably be inferred from the dec. That would then require only a board vote. There would have to be a board meeting, at the least, which is properly noticed.

2. Can BOD turn off gate system ? The BOD cannot deny ingress and egress but can make it less convenient, if an owner is late on assessments. For example, they could make the owner go through the "guest" gate instead of through the owners gate.

3. As to parking decals - there is not enough information in this, but without more information, I couldn't answer.

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