The Declaration of Restrictions is what its name implies, Restrictions, taking away some of the Individual Owner/Member’s Rights, in order to create a livable Community.
The Declaration of Restrictions contains all of the Deed Restrictions and it is the only document a Deed Restrictions can be placed.
Deed Restrictions cannot be amended, added, or removed without being voted on by the Owners and getting a 2/3 majority vote of the Owners.
The Declaration of Restrictions also contains those Guidelines, Rules and Regulations which cannot be added to, removed from, or amended without being voted on by the Owners and getting a 2/3 majority vote of the Owners.
The Declaration of Restrictions protects the individual Owner/Member’s rights by establishing that any future restriction on individual Owner/Member’s rights can not be done without being voted on by the Owners and getting a 2/3 majority vote of the Owners.
The Declaration of Restrictions Article XII – General Provision; Section 3. says: “The Club, by two thirds (2/3) vote of approval of the membership, may modify, amend or add to this Declaration of Restrictions.”
The 2019 Florida Statutes 720.306; Section (b) says: “Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association.”
The Declaration of Restrictions only gave the Board of Directors the authority to create Rules and Regulations relating to administration and management, as long as those Rules and Regulations are not in conflict with the Declarations of Restrictions.
Only such Rules and Regulations can be voted in by the majority of the Board of Directors.