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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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If a HOA does not revise the original documents are they

Customer Question

If a HOA does not revise the original documents are they still protected when the Florida legislature approves new statutes which change the intent of the original documents
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, the HOA is protected, but within limitations. If the new statutes now end up contradicting the past documents, state law governs as far as the contradictions. In essence all of the bylaws and CC&Rs remain in place except what is contradictory, and those parts are replaced by the new code.

Sincerely,

Dimitry, Esq.

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