Condo Association Management Blog

Review your governing documents to see if Bylaws can be amended by a majority vote of the BOD. Also check if BOD has discretionary authority to move annual meeting month (the exact day is irrelevant.) If the answer is yes to both then there is nothing wrong. However, amendments should be recorded in a timely manner. Check the state records.

can a HOA assess its underground garage owners where some who live in the building own the space and others have purchased them over the years. Can it be a GARAGE ONLY ASSESSMENT to those owners??

The answer to both questions will be found in the Florida Condominium Act. Should a conflict exist between bylaws and the Act the state law takes precidence.

To the OP 
 
What Charles says is correct. The Condo Act in Florida is better known as Florida Statute 718. If you see a phrase "unless otherwise provided in the Bylaws..." it means the Bylaws take precedence. If no membership vote is required to amend Bylaws, then the change will show on the Minutes. Minutes are approved later at the following board meeting, and there is no obligation to publish Minutes until they are approved. Covenants are a different matter. In FL the general rule for both, Condos and HOAs, is that the board needs 2/3 of the affirmative vote of the membership to amend CC&Rs.

Gweiner, 
 
 
 
The answer to your question should be found in your CCRs. Some CCRs do allow assessments to be levied on a certain class of owners, i.e. only garage owners. However it should be spelled out in the CCRs; if it isn't then it cannot be done.