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2001 Florida Attorney General Reports and Opinions 1 (2001)

handle is hein.sag/sagfl0023 and id is 1 raw text is: Advisory Legal Opinion

Number: AGO 2001-01
Date: January 12, 2001
Subject: County, authority over homeowners' associations
Mr. Gordon B. Johnston
Marion County Attorney
601 Southeast 25th Avenue
Ocala, Florida 34471
RE: HOMEOWNERS' ASSOCIATIONS--RECORDS--FINANCIAL REPORTING--
FINES--county's authority to impose additional requirements
on homeowners' associations. Ch. 720, Fla. Stat.
Dear Mr. Johnston:
On behalf of the Board of County Commissioners of Marion
County, Florida, you ask for my opinion on substantially the
following questions:
1. Is a noncharter county authorized to enact an ordinance
which imposes upon homeowners' associations operating under
Chapter 720, Florida Statutes, more stringent or additional
financial reporting requirements than those contained in
section 720.303(7), Florida Statutes?
2. If a county is authorized to impose additional or more
stringent financial reporting requirements on a homeowners'
association, is it also authorized to impose a fine or other
civil penalty for failure to comply with those requirements?
In sum:
1. A noncharter county is not authorized to adopt an
ordinance imposing more stringent or additional financial
reporting requirements on homeowners' associations operating
under Chapter 720, Florida Statutes.
2. In light of my answer to Question One, no response to
your second question is necessary.
Marion County is a noncharter county and is contemplating
enacting local legislation regulating homeowners'
associations operating pursuant to Chapter 720, Florida
Statutes.

Question One

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