Savannahs HOA Governing Documents

Like most HOAs, the Savannahs at Sykes Creek Homeowners Association (SHOA) is established and managed by a set of formal documents. These “governing documents” set the responsibilities and define the roles of the SHOA, its Board of Directors, and the Association’s members—i.e., YOU, the homeowner. It is very important for homeowners to have a working knowledge of each of these documents.
Florida Statutes

Florida HOA Laws and Resources are available at Particular Florida Statutes of interest include chapters 720 (Homeowner’s Associations), and 617 (Corporations Not For Profit).

Audit Requirements

Florida Statutes direct a detailed, reviewed audit for HOAs with revenues over $500K (we are $1M+), which could cost the HOA. However, the statutes allow homeowners to forego an audit and accept a simpler report of revenues and expenses if a majority of members who vote agree to it (assuming a quorum is met).

The BOD has asked our legal representation (Clayton & McColloh) to review the relevant statute, our bylaws, and our planned voting method for this issue to make sure our plan is compliant with the intent of the law—given the circumstances of the pandemic. They have recommended the following: (a) that a quorum of the membership be defined as 30% (as defined by statute), (b) that “presence” at the meeting be indicated by submission of a ballot/proxy form, and (c) that if the quorum is met, a measure passes with a simple majority of those ballots/proxies.

On January 20, 2021, the Savannahs HOA Membership met (via Zoom) to decide what form of financial review would be conducted for the HOA covering FY2020. Ballot/Proxy forms distributed to homeowners several weeks ago were collected and counted by the HOA’s independent Election Committee at the meeting. The vote tally results were 155 in favor of a simpler report allowed under Florida statutes, and 8 supporting a full, reviewed audit.

Resolutions Modifying Governing Documents

The Savannahs HOA board has passed the following resolutions modifying the Covenants, Conditions & Restrictions.  This was done until such time as the Covenants, Conditions & Restrictions can be modified and approved by the homeowners.

  1. SHOA Resolution 2019-2 Membership 
  2. SHOA Resolution 2020-1 Signs 
  3. SHOA Resolution 2020-2 – Flags 
 The Savannahs HOA Articles of Incorporation 

The “Articles of Incorporation of the Savannahs At Sykes Creek Homeowners’ Association, Inc. ” is the document that establishes our HOA under Florida law. The SHOA was established as and operates as a “Corporation Not For Profit” under Florida Statute 617. The Articles purpose is only to establish the HOA, name the initial responsible authorities, state the corporation’s purpose, and define how the assets of the corporation will be distributed in the event of dissolution.

  The Savannahs HOA Bylaws 

Corporation bylaws, next in the hierarchy of SHOA documents, establish day-to-day operating procedures for an incorporated business enterprise. According to Florida Statute, the bylaws may contain any provision for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation. The Savannahs HOA bylaws provide guidance on membership, meetings, elections, Board of Directors, powers and responsibilities, enforcement, committees, records, financial management, and much more. 

  The Savannahs HOA Rules and Regulations/ARC Guidelines 

In addition to the C&Rs, HOAs may set up a more specific set of expected behaviors and guidelines for homeowners, providing additional detail, in our case regarding architectural requirements. The current “First Declaration of the Rules and Regulations/ARC Guidelines” provides that additional detail homeowners may need regarding things like fences, basketball hoops, and roofing material. 

  The Savannahs HOA Covenants, Conditions & Restrictions 

The Savannahs Covenants and Restrictions (C&Rs) stipulate detailed requirements and rules lot owners must comply with in order to support the goal of “enhancing and protecting the value, desirability, and attractiveness of the Subdivision.” The purpose of the C&Rs is to maintain an agreed-upon level of aesthetics, behavior, and restrictions for the common benefit of all members of the Association.  

   The 1988 Savannahs agreement with Brevard County

Copy of the original agreement between real estate developers Brian Bussen & Peter Hayes and the Brevard County Board of Commissioners of Brevard County, Florida,   As part of the agreement, the two developers stated that they would donate 168-acres of land to the County, who would be responsible for building, developing and operating an 18-hole public golf course of the same name.    

    2018 County Agreement to Abandon the Savannahs Golf Course 

In March 2018, the County executed a provision in the original agreement accepting management responsibility of the Savannahs Golf Course to abandon the golf course and return it to the Savannahs HOA  

    Notice of Intent to be a Candidate

Fill this out to provide notice of intent to run for office as a member of the HOA board.

    Certificate of Appointment of Voting Representative

Fill this out to when delegating your vote to someone else.