There are three main documents governing Avion Palms Homeowners’ Association (APHA):
- Declarations – the legal document that lays out the restrictions, covenants, easements, equitable servitude, charges, assessments, and liens adopted by APHA. The Declarations are recorded in the Public Records of Hardee County, Florida, and are legally binding. This means that when you purchase a lot at Avion Palms, you automatically become a member of APHA. For more detailed information, download APHA Declarations
- By-Laws: APHA is governed by a Board of Directors (elected annually by the members) and a set of rules called By-Laws. The By-Laws govern how the APHA operates and contain the information needed to run the APHA as a business. For more detailed information, download Exhibit B By-Laws
- Rules and Regulations – The Board of Directors adopts rules and regulations to govern the use of units, lots, and common areas. The rules and regulations provide more detailed information on the general restrictions in the Declarations and By-Laws. For more detailed information, download Exhibit C Rules & Regulations
In the case that there are conflicts between the three above documents, the Declarations take precedence over the By-Laws and the By-Laws take precedence over Rules and Regulations. Federal, State, and Local Legislation take precedence over all APHA Governing Documents.
Upon desiring to preserve covenants from potential termination after 30 years by operation of chapter 712, Florida Statutes, the Association may record in the official records of Hardee County a notice in the form provided by Florida Statutes Section 720.3032, as amended from time to time. The initial preservation, having occurred, was recorded on record in Hardee County on March 2, 2017. The board must annually consider the desirability of preserving the Covenants at the first Board meeting, excluding the organizational meeting, following the annual meeting of the members. The minutes of those meetings should reflect a discussion of the relevant dates and events relating to MRTA(Marketable Record Title Act).
The above-described governing documents may be found at APHA Governing Documents.
Amendments to Declarations and By-Laws
Any proposed amendments to Declarations and By-Laws must be submitted to the office no later than noon on the second Friday in November. There are two types of proposed amendments:
1. Amendments submitted by the Board of Directors (BOD)
2. Amendments submitted by individual owners.
All proposed amendments are turned over to the By-Laws Committee for review. After reviewing, the By-Laws Committee returns the amendments to the office, and the Secretary prepares them for the Attorney to review. After the Attorney’s comments are received, a Board Meeting is held to review and make decisions on BOD-proposed amendments. The By-Laws Committee works with individual owners to review the attorney’s comments. The proposed amendments are then returned to the Secretary, who prepares them for placement on the next Corporate Meeting agenda. Forms for submitting proposed amendments:
1. PROPOSED AMENDMENT TO APHA DECLARATIONS
2. PROPOSED AMENDMENT TO APHA BYLAWS
Member Disclosure Summary
All members of APHA must sign a Disclosure Summary. The Disclosure Summary outlines the terms and conditions for membership in APHA. Click on this link Disclosure Statement to download the most current Disclosure Summary and submit it to the office. Alternatively, you may come to the office and sign a Disclosure Summary.
Owner Consent to Receive Electronic Notice
Any APHA member can receive electronic notification regarding meetings for the Board of Directors, Annual or Special Corporate meetings, and committee meetings. The Avion Palms office must have on file the Owner Consent Electronic Transmission form completed and signed.