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.
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.
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 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.
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.
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