Our initial scan found 1 potential issues in your governing documents.
We checked the 1 public PDF on Berkshire Lakes Master Association’s website against current Florida (Ch. 720 & Ch. 718) and federal HOA law—and more issues may exist depending on the documents you load.
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Governing document provides for covenant fining or suspension hearings to be conducted before the Board of Directors itself rather than an independent fining committee of non-Board members, violating Fla. Stat. § 720.305(2)(b).
Operative Clause · Sec. COMPLIANCE (Page 12)
“The party against whom the fine and/or suspension is sought to be levied or imposed shall be afforded an opportunity for. hearing before the Board of”
Why It’s Flagged
Fla. Stat. § 720.305(2)(b)
Fla. Stat. § 720.305(2)(b): The Board of Directors may levy a proposed fine or suspension, but the mandatory 14-day due-process hearing must be held before an independent committee of at least 3 members who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.
If the independent committee does not approve the proposed fine or suspension by majority vote, the fine or suspension may not be imposed.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1AND DEFAULT: REMEDIES.
2In addition to the remiedies provided in of i the Fourth Amended and Restated Declaration of.
3Covenants, Conditions, Restrictions and Easements for Berkshire Lakes the following shall'apply: .BYLAWS EXHIBIT "В" OR 5298 PG IG6 violations, but in no event shall any fine exceed the maximum amount allowed by law or $5,000.00, utility services to the parcel.
4(A) Notice.
5The party against whom the fine and/or suspension is sought to be levied or imposed shall be afforded an opportunity for. hearing before the Board of [SAMPLE DISCUSSION WORDING — FOR FLORIDA ASSOCIATION COUNSEL REVIEW]: Pursuant to Fla. Stat. § 720.305(2)(b), any fine or suspension levied by the Board of Directors requires at least 14 days' written notice to the Owner and occupant of a hearing before an independent Fining Committee of at least 3 Members who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.
6If the Committee does not approve the proposed fine or suspension by majority vote, it may not be imposed.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
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CC&Rs & Declaration HierarchyBylaws, Elections & QuorumArchitectural Review (ARC)Fines, Hearings & Due ProcessLeasing & Rental RestrictionsReserve Studies & AssessmentsOfficial Records InspectionCh. 720 & Ch. 718 & Federal Preemption
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What the Full Analysis Checks & How It Works
Statutory & Federal Check: Audits up to 10 PDFs (CC&Rs, Bylaws, Rules & Amendments) against Florida statutes (Ch. 720 & Ch. 718), Federal law, and local codes.
Cross-Document Hierarchy Check: Flags internal contradictions where Rules, Policies, or Bylaws conflict with your recorded Declaration.
Marked-Up PDFs for Board & Counsel: Boxes each issue on the source page with the controlling statute cited and sample discussion wording.
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Berkshire Lakes Master Association & Florida Governing Document Audit FAQ
Answers for HOA board members, community association managers (CAMs), association legal counsel, and homeowners reviewing Berkshire Lakes Master Association’s governing documents under Ch. 720 & Ch. 718.
Homeowners & Community OverviewWhat governing documents were audited for Berkshire Lakes Master Association in naples, Collier County, Florida?
TrueHOA Crystal AI scanned 1 public governing PDF(s) associated with Berkshire Lakes Master Association (naples, Collier County, Florida), including Association Bylaws (primary excerpt: Association Bylaws), parsing 31 operative clauses with exact PDF page coordinates. The audit checks CC&Rs (Declaration of Covenants, Conditions, and Restrictions), Bylaws, Articles of Incorporation, and Rules & Regulations against Fla. Stat. § 720.305(2)(b) and Florida Homeowners’ Association Act (Fla. Stat. Ch. 720), Condominium Act (Ch. 718) & Not For Profit Corp. Act (Ch. 617).
HOA Board of DirectorsWhy did Berkshire Lakes Master Association’s governing documents flag 1 potential compliance issues, and what should the Board do?
Older HOA Declarations, Bylaws, and Operating Rules frequently contain provisions superseded by subsequent amendments to Florida Homeowners’ Association Act (Fla. Stat. Ch. 720), Condominium Act (Ch. 718) & Not For Profit Corp. Act (Ch. 617) or federal law, or internal hierarchy conflicts where board rules contradict the recorded Declaration. The 1 flagged clauses highlight areas where Berkshire Lakes Master Association’s Board of Directors and association counsel can proactively update policies, avoid unenforceable fine or enforcement disputes, and fulfill board fiduciary duties.
HOA & Real Estate AttorneysHow does TrueHOA Crystal AI check Florida HOA governing documents under Ch. 720 & Ch. 718 for association counsel?
TrueHOA Crystal AI ($699 one-time for up to 10 governing PDFs) evaluates every clause against federal law (Fair Housing Act, OTARD 47 C.F.R. § 1.4000 telecommunications rules, federal solar/bankruptcy protections), Florida Homeowners’ Association Act (Fla. Stat. Ch. 720), Condominium Act (Ch. 718) & Not For Profit Corp. Act (Ch. 617), local codes, and cross-document hierarchy (Recorded Declaration > Articles > Bylaws > Rules). Every PDF page is widened by 340pt on the right margin with exact paragraph bounding boxes, statutory citations (Fla. Stat. § 720.305(2)(b)), and non-repetitive discussion wording prepared for HOA legal counsel.
Community Association Managers (CAMs)How do Florida HOA property managers use TrueHOA Crystal AI during onboarding or annual compliance reviews?
Community association managers (CAMs, CMCA, AMS, PCAM) and management companies use TrueHOA Crystal AI when onboarding a new Florida HOA or preparing for annual meetings, reserve and assessment reviews, architectural (ARC) disputes, or covenant enforcement. The audit works alongside Vantaca, AppFolio, CINC, and TownSq to give managers an instant, page-cited compliance roadmap across all 10 community PDFs.
Elections & Covenant AmendmentsHow can Berkshire Lakes Master Association pass a CC&R or Bylaw amendment or run a certified HOA election in Florida?
When an audit identifies outdated covenants or bylaws requiring homeowner ratification, or when Berkshire Lakes Master Association conducts its annual board election, TrueHOA Verified Governance® ($0.50 per door per month, unlimited elections and votes) provides secret-ballot and electronic voting compliance, automated quorum tracking, and cryptographically sealed election records that cut manager election administration time by 98%.
