Homeowner's Association (HOA) Law - Attorney Holly Rice's notes from the arena:
The board of administration - also known as the board of directors - for a condo or community association is the group of elected individuals who are responsible for the administration, management, and operation of the condominium association. The powers and duties of the board of administration are set forth in the condominium documents, namely the bylaws and the Rules, as well as CH 718 FL ST. Other powers and duties may be defined in Florida's laws on corporations and not for profit corporations.
Yes, it matters if your homeowners' association (HOA) is incorporated. Pursuant to Florida Statute §720.303, "an association must be incorporated. . . ." You can view the entire statute here. The governing documents must be recorded in the official records of the county where the HOA is located. The governing documents include, but are not limited to, articles of incorporation, which establishes the existence of the corporation.
On April 5, 2016, I posted a blog on Same-Sex Marriage and Florida Real Estate, specifically the impact of the United States Supreme Court 2015 ruling in Obergefell v Hodges. The impact will be far-reaching and it will be a while before Florida Courts rule on the multitude of issues.