Bonita Springs Condominium Association, Inc.

What Bonita Springs Condominium Association, Inc.'s governing documents say

This is the Articles of Incorporation for the Valencia Bonita Homeowners Association, Inc. (originally named Bonita Springs Homeowners Association, Inc.), a Florida not-for-profit corporation. This document establishes the legal structure and governance framework for a homeowners association (HOA) — it is NOT a condominium association. The association governs a community called Valencia Bonita (formerly Bonita Springs) in Lee County, Florida. This document sets up the corporate entity, defines membership, board structure, voting rights, and amendment procedures, but does not contain the specific rules, fees, or restrictions that would actually govern day-to-day living in the community.

• Association type & applicable law: The association is a homeowners association governed by Florida's Homeowners Association Act (Chapter 720), NOT a condominium association under Chapter 718. Its purpose is to administer the community per the Declaration of Covenants, Conditions, and Restrictions and other governing documents.
• Membership & voting: Owners of fee-simple title to a lot are members. Each lot gets one vote, except the developer (Declarant) gets three times the total number of Class A member votes plus one while it owns lots. A quorum is at least 30% of total votes. Spouses of a jointly owned lot may vote under specific proxy rules.
• Board of directors & control: The initial board has 3 directors, all appointed by the developer. Owners other than the developer can elect one director after 50% of lots are conveyed, and a majority of the board after 90% conveyance or earlier developer choice. Directors must be members or close relatives of members, except developer appointees. Staggered two-year terms begin after the transition.
• Developer rights & transition: The developer retains control until the earlier of (a) 3 months after 90% of lots are conveyed or (b) voluntary written resignation. Before that, the developer can amend articles alone, designate directors, and block most amendments. Developer-appointed directors must resign when the developer holds fewer than 5% of lots for sale or voluntarily resigns.
• Amendment process: Before any lot is sold, the developer can amend the articles unilaterally. After the first sale but before turnover, the board can amend by majority vote without owner approval. After turnover, amendments need a majority of all members. Some amendments require consent of the developer or mortgagees.
• Lawsuit restrictions: The association generally must get approval of 3/4 of all members before hiring a lawyer to sue, with exceptions for collecting assessments, enforcing use restrictions, emergencies, or filing compulsory counterclaims.
• Dissolution & stormwater: The association exists perpetually. If dissolved, assets go to a similar HOA or public agency. Before dissolution, responsibility for the stormwater management system must be transferred to an entity approved by the South Florida Water Management District.
• What this document doesn't cover: There are no rules about pets, leasing, age restrictions, maintenance responsibilities, architectural approvals, fees or assessments — those would be in the Declaration of Covenants, Bylaws, and rules & regulations, which are separate documents.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.