The Convenants and Restrictions

Posted by LWATC WebMaster on Monday, April 18, 2016 9:48:00 AM


Many of you have approached the board with requests to change your homes and/or yards that would currently be against our covenants and restrictions (i.e. plastic fencing, different paint colors). Please keep in mind that it is the duty of the board to enforce the convenants and restrictions as they currently exist. Changes to the covenants and restrictions is a long and expensive process, one in which we generally feel the money could be better spent on community improvements. However, we do realize that some would like to know exactly what's involved in making changes, so we contacted the attorney to get him to detail all the steps involved.

A general cost for amending/revising the documents for an association, would be somewhere between $7,500 and $12,500. This amount does not include the time/cost for sending out the proposed amendments/revisions and confirming the required consent from the homeowners for same.

When amending/revising documents, it would be a reasonable expectation that the association would want to revise the entire declaration and then likewise the articles and bylaws as it would make sense to amend/revise them all at the same time.

The board, and the attorney, would need to review each document thoroughly and then discuss what revisions to each section, if any, would be appropriate and the pros and cons of said amendment/revision.

This is very time consuming and tedious. See a general step by step process below:
  1. Review Articles;
  2. Review Bylaws;
  3. Review Declaration;
  4. Meeting with board to discuss Declaration and go through each section/paragraph for revisions and/or amendments to document;
  5. Meeting with board to discuss Articles and go through each section/paragraph for revisions and/or amendments to document;
  6. Meeting with board to discuss Bylaws and go through each section/paragraph for revisions and/or amendments to document;
  7. Revise Declaration to include revisions (strikethrough) and/or amendments;
  8. Forward revisions and/or amendments to board for vote – Declaration.
  9. Revise Articles to include revisions (strikethrough) and/or amendments;
  10. Forward revisions and/or amendments to board for vote – Articles.
  11. Revise Bylaws to include revisions (strikethrough) and/or amendments;
  12. Forward revisions and/or amendments to board for vote – Bylaws.
  13. Prepare any subsequent revisions and/or amendments and forward to board for final vote/approval.
  14. Once revisions and/or amendments have been voted on and approved board needs to send proposed revisions and/or amendments to ALL homeowners and schedule meeting.
  15. In order to amend the Declaration a vote must be taken at a meeting wherein the proposed amendments and/or revisions are voted on and for which all homeowners have been provided with a copy of the proposed amendments and/or revisions and for which the meeting has been properly noticed. For any amendment or revision to pass, not less than 2/3 of all homeowners (764 total, so 510 minimum) entitled to vote must vote in favor of the amendment or revision. Said vote must be then recorded in the public records for Seminole County Florida.
We realize this is a lot of information, and some of you will still have questions even after all this detail. So please click on the Contact menu and send us your inquiry and we'll do our best to address your question/concern.

Also, keep in mind that item #15 above is most important. We have to spend the thousands of dollars to start the process, and if we don't get 2/3 majority in favor the money is wasted and further attempts mean starting over.


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