City Resources for Mandatory Organizations

1. Why a Guide for Mandatory Organizations?

This guide has been created to connect and inform mandatory condominium, homeowners’ or property owners’ association board of directors of the many City of Orlando resources available to support mandatory associations. This guide is another tool to assist you and your board to maximize city resources in the operation and management of your association.

As board members and officers of a mandatory condominium, homeowners’, or property owners association, you have a much greater fiduciary and legal role than voluntary neighborhood organizations. Your primary responsibility is acting in accordance with your governing documents, specifically your bylaws and Declaration of Covenants, Conditions and Restrictions (CC&Rs) and Florida statutes. It can be a daunting and overwhelming role when you serve on the board for the very first time.

2. Connect with your City

Get to know your City Commissioner

Your city commissioner is your voice on City Council. Your commissioner has resources, knowledge and access to city resources you may need to maintain the quality of life in your neighborhood. It is important for your association to have a working relationship with your commissioner.

There are a couple of ways to establish and maintain a relationship with your commissioner:

1. invite your commissioner to a board or membership meeting.
2. set up an appointment with the commissioner in their office with the board to introduce yourselves and share some goals and vision of your association.
3. keep the commissioner informed by sending them your newsletters or a brief email about what your association has been doing.

To find out about your commissioner, visit orlando.gov/council.

Get to Know your Neighborhood Relations Team

Your neighborhood has a Neighborhood Outreach Coordinator assigned to connect, inform and involve you in our city government. Your outreach coordinator is your partner in keeping your neighborhood a great place to live, work and play. This team assists neighborhood organizations and residents in effectively accessing and using city services and other community resources.

Our team organizes, supports, mentors and guides citizens and neighborhood organizations in their effort to make and keep their neighborhoods strong. Connecting citizens to City resources, leadership and volunteer training and technical assistance for associations are our primary services. Email us at neighborhoods@orlando.gov.

City Resource Guide

This brochure is produced by the Neighborhood Relations team. It is a quick guide to key city services and programs for neighborhood organizations to use. It also contains list of the most commonly requested city phone numbers and contacts. To request one or a quantity of this brochure, email us at neighborhoods@orlando.gov.

City News

This weekly newsletter allows you to keep up-to-date with City events, programs and latest developments impacting our City Beautiful weekly. To sign up for City News, visit orlando.gov/citynews.

Neighborhood News

This monthly newsletter is produced by the Neighborhood Relations team to keep associations up-to-date on what programs and events are happening in the City of Orlando. To sign up for Neighborhood News, visit orlando.gov/neighborhoodnews.

Watch City of Orlando on TV

Visit Orlando.gov/council to watch City Council on TV or online and to view the council meeting schedule.

Open Data Website - Accessing City's Public Data Online

This is one more way the city increasing its government transparency and accountability by providing the public with immediate access to valuable city data including police, economic development and public works data. Visit data.orlando.gov for easy-to-use interactive tools allowing residents to dive into the data with the ability to run tailored analysis and generate visualizations of the data

3.  Frequently Asked Questions

 Our Neighborhood Relations team gets a lot of questions from mandatory associations. Here are the most frequently asked questions:

What is the difference between city ordinances and association declaration of covenants, conditions and restrictions (CC&RS)?

The rules of the mandatory or deed restricted community are described in the association’s CC&Rs and are usually written and adopted by the original landowner, which in most cases is the developer. CC&Rs and governing documents are private restrictions governing the properties within the boundary of your mandatory association. By becoming an owner in the subdivision or condominium with CC&Rs, each owner automatically becomes part of an agreement to live by those restrictions and is a dues paying member of the association.

City ordinances are rules, laws or regulations that are enacted by City of Orlando. Ordinances address a wide variety of local issues, from local government structure, building codes, land uses, public spaces, parking, speed limits and sign sizes. When you move into the City of Orlando as a property owner, you are subject to the laws and ordinances of the city, as well as to other applicable county, state and federal laws. The restrictions and rules outlined in the CC&Rs are based in contract, while the law of the governmental authorities is public law. Property owners must follow their CC&Rs, public laws and ordinances. Some owner modifications do not require building permits but may still require association approval. An example would be changing the paint color of one’s front door, which doesn’t require a permit from the City of Orlando, but requires approval from the association as authorized in the CC&Rs.

Does the City have the authority to enforce our covenants, conditions and restrictions (CC&Rs)?

No, your CC&Rs are private rules adopted specifically for your community. The city only has the authority to enforce city ordinances.

How can we get the city's permitting division to require a letter from the association when owners are pulling permits?

Before issuing a permit, the city permitting techs look up the specific property address in the Orange County Property Appraiser’s Office. If this property record lists a mandatory association, the permitting tech will require an approval letter from the association to attach to the permit. This letter must be submitted before the permit will be issued.

If the property records within your mandatory association boundaries do not list your association under the Community/Association in the Location tab, you need to contact the city’s Neighborhood Relations team at neighborhoods@orlando.gov. You will need to provide the city with your corporate name, board of directors and association boundaries. Once the information has been confirmed the Neighborhood Relations team will provide this information to the Orange County Property Appraiser’s Office.

Where can I get a copy of my covenants, conditions and restrictions (CC&Rs)?

You may obtain a copy from the Orange County Comptroller’s Official Records Department. Go to OCCompt.com: and type in your association’s official name. Need additional help? Call the Comptroller’s Office at 407.836.5115.

Where can I find incorporation information for my association?

If you are trying to identify your Florida incorporated association officers or directors, or if you are trying to determine whether your association is incorporated contact the Florida Department of State’s Division of Corporations by visiting search.sunbiz.org/Inquiry/CorporationSearch/ByName and typing in your association’s corporate name.

Is there a guide on how mandatory associations are supposed to function?

There isn’t an official guide, but your association is legally required to follow its own governing documents and Florida Statutes listed below:

1. Association’s Articles of Incorporation
2. Association’s Bylaws
3. Association’s Covenants, Conditions, and Restrictions (CC&Rs)
4. Florida Statutes 617 – Not-for-Profit Corporations
5. Condominium associations must follow Florida Statutes 718- Condominiums
6. Homeowner associations must follow Florida Statutes 720-Homeowners Associations

Can the city give us legal advice?

No. Attorneys hired by the city are paid with tax payer money to act in the best interests of the city entity (municipal corporation). Mandatory neighborhood organizations are separate entities and the city cannot operate on their behalf. Also, the city cannot use tax payer funds to provide legal advice to a private entity. Additionally, ethically there is great potential for a conflict by representing both the city and the association.

How do I check to see if our community association manager (CAM) is operating legally?

Your Community Association Manager or “CAM” is licensed through the State of Florida Department of Business and Professional Regulation. Visit myfloridalicense.com to see the state regulations for CAMs.

When does a community association manager have to be licensed by the State of Florida?

A community association manager is required to have a Florida license when they receive compensation for management services when the association or associations served contain more than 10 units or have an annual budget or budgets in excess of $100,000.

4. City Resources for Associations