Hanover Lakes
Hanover Lakes
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Governing Docs Overview

Understanding the Governing Documents

Articles of Incorporation

Declaration of Covenants, Conditions and Restrictions

Declaration of Covenants, Conditions and Restrictions

A set of formal documents filed with a government body to legally document the creation of a corporation. It creates the HOA as a legal entity.

Declaration of Covenants, Conditions and Restrictions

Declaration of Covenants, Conditions and Restrictions

Declaration of Covenants, Conditions and Restrictions

 A recorded document setting forth the majority of the powers, rights and responsibilities of the association and its members. Think of it as the HOA's Constitution.

Bylaws

Declaration of Covenants, Conditions and Restrictions

Rules & Regulations

A document that establishes the policies and procedures for operating the HOA. The bylaws contain meeting procedures, notice requirements, and other operational matters.

Rules & Regulations

Rules & Regulations

Rules & Regulations

The rules & regulations are likely most important for homeowners as it details what is allowed or restricted practices in the community.

Amendments

Rules & Regulations

Florida Statutes

A legally binding document of changes to one more governing documents.

Florida Statutes

Rules & Regulations

Florida Statutes

While not technically a governing document specific to our HOA, these are state laws that overrule all authority of our governing documents.

Changes to the Governing Documents

Articles of Incorporation

File form with Sunbiz to amend the articles of incorporation. A corporation can amend or add as many articles as necessary in one amendment. 

  • The original incorporators cannot be amended. 
  • If amending the name of the corporation, the new name must be distinguishable on the records of the Florida Department of State. 
  • If amending the registered agent, the new agent must sign accepting the appointment and state that he/she is familiar with the obligations of the position. 
  • If amending/adding officers/directors, list titles and addresses for each officer/director 

Declaration of Covenants, Conditions and Restrictions

The Declaration may be amended, supplemented and/or restated from time-to-time with approval of the proposed amendment by: 

  • a majority of the Board
  • and two-thirds (2/3) of the total Voting Interests present (in person or by proxy) at a duly noticed meeting of the Members of the Association at which there is a quorum

Bylaws

The Bylaws may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing thirty percent (30%) of the total Class A votes in the Association and the consent of the Declarant for so long as Declarant owns any of the Declarant's Property.

Rules & Regulations

The Rules & Regulations can be changed by a majority vote of the Board of Directors.

Legal Precedence

When conflicts arise between multiple documents one will take precedence over the others, acting as the enforcing language. Our governing documents sets the precedence in the following order:

1. Florida Statutes

2. Declaration

3. Articles of Incorporation

4. Bylaws

Our Governing documents have one caveat to this priority order. When there is a conflict between the Declaration, the Rules & Regulations, and the ARC Guidelines: the strictest rule applies.


Note: All Governing Documents apply to guests/visitors to the community and the homeowner being visited is responsible for all violations on behalf of guests.

Governing Documents

Declaration of Covenants, Conditions and Restrictions (pdf)Download
Consent of Declaration of Covenants, Conditions and Restrictions (pdf)Download
Articles of Incorporation (pdf)Download
Initial Rules & Regulations (pdf)Download
Initial Boat Lift Rules & Regulations (pdf)Download
1st Amendment to Declarations (pdf)Download
2nd Amendment to Declarations (pdf)Download
3rd Amendment to Declarations (pdf)Download
OUC Lighting Agreement (pdf)Download
Sidewalk Easement (pdf)Download
Maintenance Easement (pdf)Download

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