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2018 FLORIDA STATUTES <br />Chapter 617 <br />CORPORATIONS NOT FOR PROFIT <br />In addition, you have to follow the law no matter what your governing documents <br />say. "Generally speaking, the laws supersede your governing documents, <br />explains Ben Solomon, founder of the Association Law Group in Miami Beach, Fla., <br />who advises more tHn 500 associations and also represents developers through <br />his second law firm, Solomon & Furshman LLP. "Your restrictive covenants can be <br />more restrictive than the law, but they can't be less. If yourgoverning documents <br />are less restrictive, you'd follow the law. We get documents from the 1940s and <br />1960s, and those associations still have to follow the law." <br />Solomon gives an example. "Let's say Miami ordinance says no pits bulls are <br />allowed, and your governing documents say no pits or Dobermans are allowed," he <br />explains. "The governing documents would be the law You'd have to follow because <br />yotook title to the property under these provisions. They'd be enforceable. But if <br />)Tia <br />mi law says no pits and Dobermans but your governing documents say only no <br />pit bulls could you have a Doberman? No. You need to follow current law— <br />period. fo the extent your governing document are more restrictive, you follow <br />those unless they conflict with the law. Then you go with a supremacy clause <br />type concept of following federal law first, state law second, and then <br />local law." <br />2018 FLORIDA STATUTES <br />Chapter 617 <br />CORPORATIONS NOT FOR PROFIT <br />"Outdated documents can be a serious <br />problem for a number of reasons," <br />says the shareholder and association <br />attorney at Becker & Poliakoff PA in <br />Fort Lauderdale, Fla. "First, the <br />association and its owners may not <br />have the ability to use legislative <br />remedies enacted over the years, <br />leaving them at a disadvantage. <br />12/14/2018 <br />7 <br />